THE 


i^AYIGATIOB    LAA^S 


THE  UNITED   STATES. 


BUREAU    OF    :NATIGATI0N, 

1886. 


WASHINGTON: 

GOVERNMENT   PRINTINQ   OFFICE. 

1886. 


INTRODUCTION.         V^A'4 

OOCUMENm 
OEPT. 

Treasury  Department, 

Bureau  of  Navigation, 

Washington,  D.  C,  Angnst  25, 1886. 

[Resolution  of  Congress  passed  July  31, 1886.] 

Resolved  by  the  House  of  Represtntatives  {the  Senate  concurrivg),  That  there  be  printed 
5,000  copies  of  the  uavigatiou  and  customs  collection  laws  relating  to  vessels,  includ- 
ing the  laws  relating  to  merchant  seamen,  and  the  regulation  of  steam  vessels,  com- 
piled by  the  Bureau  of  Navigation  in  the  Treasury  Department,  of  which  1,000  copies 
shall  be  for  the  use  of  the  Senate,  2,000  copies  for  the  use  of  the  House  of  Represent- 
atives, and  2,000  copies  for  the  u-se  of  the  Bureau  of  Navigation. 

lu  coQipliance  with  the  foregoing  resohition  I  have  prepared  this  vol- 
ume, comprising  the  navigation  hiws  of  the  United  States,  with  such 
statutes  as  relate  to  the  customs  and  to  merchant  seamen. 

In  order  to  make  the  book  concise  and  render  the  difterent  subjects 
more  easy  of  reference,  the  matter  is  cla-ssified  in  twelve  parts,  as  below. 

Part  I. —(1)  Vessels:  their  measurement  and  documents;  (2)  entry  and  clearance -^ 
(3)  yachts  and  pleasure  vessels;  (4)  tonnage  duties;  (5)  Bureau  of  Navigation  ;  (6) 
abolishment  of  certain  fees. 

Part  II. — (I)  Regulation  of  vessels  in  foreign  trade;  (2)  regulation  of  vessels  in 
domestic  trade;  (3)  regulation  of  vessels  in  the  fisheries;  (4)  drawbacks  on  .ship- 
building materials,  &c. 

Part  III.— (I)  Transportation  of  passengers  and  merchandise  ;  (2)  liability  of  ship- 
owners: (3)  transportation  by  steam-vessels ;  (4)  inspection,  &c.  ;  (5)  general  pilot 
laws. 

Part  IV.— (1)  Immigration  and  coolie  trade;  (2)  guano  islands;  (3)  timber  ship- 
ments;  (4)  carrying  the  mail. 

Part  v.— (1)  Navigation  rule.*  and  vessels' lights  ;  (2)  collisions — revised  interna- 
tional regulations;  (3)  wrecks  and  life-saving  stations;  (4)  storm  and  weather  sig- 
nals;  (5)  fixing  a  common  meridian. 

Part  VI.— (1)  Lights  and  buoys;  (2)  Coast  Survey  ;  (3)  navigable  rivers;  (4)  riv- 
ers .and  harbors. 

Part  VII.— (1)  Public  health;  (2)  quarantine;  (3)  hospitals,  &c. 

Part  VIII. — (1)  Merchant  seamen  and  their  shipment  and  discharge;  (2)  log- 
books. 

Paut  IX. — Miscellaneous  acts,  amendments,  and  corrections  of  the  foregoing  laws. 

PartX.— (1)  Foreign  relations;  (2)  consular  service;  (3)  extradition;  (4)  neu- 
trality. 

Part  XI. — (1)  Insurrections  and  unlawful  trade;  (2)  crimes;  (3)  remission  of  pen- 
alties; (4)  piracy  and  trials  ;  (5)  slave  trade  ;  (6)  prize. 

Part  XII.- (1)  Customs  laws;  (2)  coUectiou  of  duties;  (3)  coins,  weights,  and 
measures. 

The  navigation  laws  proper  are  embraced  in  the  first  nine  parts. 
The  laws  relating  to  customs  and  other  subjects  intimately  connected 
with  shipping  are  included  so  far  as  practicable  in  Parts  X,  XI,  and 
XII. 

An  exi)lanatory  table  precedes  the  laws  and  a  fully  classified  index 
is  appended,  in  which  all  the  laws  adopted  since  the  issue  of  the  last 
edition  of  the  Revised  Statutes  down  to  1886  (first  session  of  the  Forty- 
ninth  Congress)  may  be  found  by  reference  to  the  leading  topic  alpha- 
betically arranged. 


GIFT  OF 
Baucroit 
LIBRARY 


JARVIS  PATTEX, 

Commissioner  of  Navigation. 


7^^ 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  3 

EXPLANATORY    TABLE. 

Many  of  the  laws  relating  to  matters  of  navigation  having  been  re- 
cently re])ealed  or  amended,  it  is  ditticnlt  in  some  instances  to  ascertain 
what  is  actually  in  force  without  reference  to  both  the  old  laws  and  the 
amendatory  acts.  In  such  cases  both  the  old  statutes  and  the  subse- 
quent acts  changing  them  have  been  introduced  under  the  same  head 
so  far  as  i)racticable. 

As  the  different  sections  from  the  Revised  Statutes  are  not  in  numer- 
ical order  in  the  book,  the  following  table  is  given  to  show  where  the 
statutes  and  laws  that  have  been  changed  may  be  found,  and  also  the 
page  where  the  repealing  or  amending  act  is  printed. 

Explanatory  table. 


Number  of  section  or 
changed. 

law 

1} 

li 

4530  Revised  Statutes 

177 

Subject  or  heading.    ;     Amendment  act.       ^  J> 

»  a 


(10)  June '20,  1884 

4131  Revised  Statutes 

4490  Revised  Statutes 

Sec.  1,  chap.  376,  laws  1882. 
4691  Revised  Statutes 


200 

87 
72 
149 


Advances  and  allot- 
ments. 

...do 

Alien  officers 

Bulkheads  

Capitation  tax 

Charts 


May  6,  1882 

4612  Revised  Statntes. 
4.i33  Revised  Statutes. 


4233  Revised  Statutes,  Rule 

xn. 

4581  Revised  Statutes 

4213  Revised  Statutes 

4.'>76  Revised  Statutes 

2966  Revised  Statutes 

4600  Revised  Statutes 

4578  Revised  Statutes 

4.58U  Revised  Statutes 

4583  Revised  Statutes 

4158  Revised  Statutes , 

2510,2511  Revised  Statutes., 

March  3,  1883 

4328  Revised  Statutes 


105 
197 
123 

125 


February  18, 1793 

4381  Revised  Statutes 

4381,4382  Revised  Statutes. 

44.56  Revised  Statutes 

4501  Revised  Statutes 

4592-4.'/J4  Revised  Statutes. 

March  3,  1875 

Treatv  of  Washington 

(16)  June  26,  1884 


31 
188 
376 
194 
189 
189 
190 

14 
291 
211 

47 

23 
.59 
59 
100 
171 
192 
169 


.5574  Revised  Statutes 

4178,4334  Revised  Statutes. 

June  2,  1879 

4585-4587  Revised  Statutes. 
March  3,  1875 


Chinese  laborers 

Coastwise  shipments. 
Collision,  prevention 

of.  1 

Collision,    boats     on 

Saint  Lawrence. 
Consular  discharges. . 

Consular  fees 

Crew  list 

Delivery  of  cargo 

Deserters 

Destitute  seamen 

Discharge  of  seamen. 

....do ; 

Documents | 

Drawbacks , 

Drawback  on  coals  .. 
Enrollment    and  j 
license. 

...  do I 

Fees ; 

....do [ 

....do 

....do  ; 

....do , 

Fees  aboli.shed   : 

Fisheries 

Fishing  and  whaling  j 
vessels. 

Guano  islands 

18,48  i  Hail  ports. 

162  j  Health 

190     Hospital  dues 

169  |....do  

86i3fS5 


(10)  June  26,  1884.. 


June  19,  1886 

June  26,  1884 

July  9,  1886 

June  26,  1884 

June  20,  1878,  and 
March  13,  1879. 

July  .5,  1884 

(2)  June  19, 1886... 
March  3,  1885 


203 


III 


June  19,  1886 j 

June  26,  1884 

June  26,  1884 , 

June  26,  1884 

(24)  June  26,  1884.. I 
(6)  June  26,  1884... 

(9)  June  26,  1884... 

(2)  June  26,  1884... 

(3)  June  26,  1884... 
(2)  July  5, 1884  .... 

(10)  June  19,  1886.. 
(10)  June  19,1886.. 
April  17,  1874 j 

April  18,  1874 | 

February  27,  1876..; 

July  5,  1884 

(28)  June  26,  1884.. 

June  26,  1884 

Juno  19,1886 

(1)  June  19,  1886... I 

March  3,  1883 ! 

(15)  June  19,1886..; 

April  18,1884 ' 

(21)  June  26,  1884.. 

Julv  1.  1879 

March  3,1875 1 

(15)  June  26,  1884. .i 


200 


26 
213 
212 
211 

107 
205 
126 

132 

201 

200 

203 

121 

201 

202 

200 

200 

39 

63 

64, 

23 

24 

210 

26 

101 

204 

40 

40 

211 

206 

212 
26 
161 


NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Explanatory  table — Continued. 


Number  of  section  or  law 
chant-eel. 


Mav:},  1880 

2872  Re%ised  Statutes. 
'2872  Revised  Statutes. 
4415  Revised  Statutes. 


428<J  Revised  Statutes. 


4334  Revised  Statutes 

340  Revised  Sta fcutes 

3976  Revised  Statutes 

4203  Revised  Statutes 

4131  Revised  Statutes 

4349-43r)6  Revised  Statutes.. 
4178,4170  Revised  Statutes.. 
March  2,  1881  


Decemb<;r  31,  1792 


4131  Revised  Statutes. 
4153  Revised  Statutes. 
4177  Revised  Statutes 

February  20,  lb71 

4320  Revised  Statutes. 


4349  Revised  Statutes. ...... 

4582  Revised  Statutes 

4501  Rev  ised  St  atutes 


June  7,  1H72 

4HI2  Revisi'd  Statutes 

4569  Kevised  Statutes 

(li)June26,  18-4 

Titl'-  L.  Revised  Statutes  ... 

February  2-,  lr71 

4418  R>- vised  Statutes....^.. 

441^  Revist-d  Statutes 

4561  Revised  Statutes 

415:^,4154  Revised  Statutes.. 

4219  Reviseil  Statutes 

(14)  June  2-.  1884 

4347  Revised  Statut.<8 

4252-4277  Revised  Statutes 

(inclusive). 
(9)  June  26,  18-'4 


«  2 
*  :2 


Subject  or  heading.        Auicuduient  act. 


as 


2776  Revised  Statutes 

Title  L,  Revised  Statutes  .. 
45S4  Revised  Statutes 


4214  Revised  Statutes. 


168 

359 

359 

91 


48 
41 

116 
30 
5 
52 
18 

211 

48 

5 
12 

18 


52 
189 
171 

173 

197 

i^-e 

203 
44 
32 
92 
92 
184 

11, 12 
35 
37 
50 

65-71 

202 

340 
44 
190 


Hospital  service  .... 

i  March  9,  1882...... 

168 

Inspection  

(25)  June  26,  1884.. 

80 

...do 

July7,  1«82 

211 

...do 

Insert  words 'or  «» 
iv8]>ector   qt   boil- 
ers" in  25th  line. 

91 

Liability 

Inatt^ador -this  title" 
read    ^' seven  pre- 
ceding sections." 

82 

Licensed  vessels 

June  26,  1884 

26 

Lists  of  vessels 

(4)  Julys,  1884.... 

39 

Mails 

Juno  26,  1-84 

121 

...do 

'....do 

121 

Measurement 

' . . . .do 

26 

Mississippi  River  ... 

Julv  12,  1876 

210 

Names  of  vessels 

June  26,  1884 

26 

Names     of     vessels, 

(5)  Julys,  1884.... 

39 

change  of. 
Names      of      vessels 

painted  on  stern. 

Otti'^ers 

Official  number 

....do 

Pilots  and  engineers . 
Regis'ry  of  bond  . ._. . 

Reports  of  vessels  . . . 

Sale  of  vessel 

Shipping  commission- 
ers. 

Shipn.ent.  of  seamen  . 
....do 

Slop-chest 

....do  

Steam  and  sail  vessels 

Steam-pressure 

S'eam-gauges 

Steam-vessels 

Survey  of  vessel    

Tonnage  

Tonnage  tax 

....do  

Transportation 

Transpor  t  a  t  i  o  u  of 
passengers. 

Transpor  t  a  t  i  o  n  of 
seamen. 

Unlading  vessels 

Vessels,  sail  and  steam 

Wages,  extra 

Wreck 

Wreck  appropriations 

Yachts 


June  23,  1874  .... 

June  2(1,  1884  .... 
(6)  June  19,  lf83. 

....do 

April  17,  1874  ... 
Strikeout  words  i 

italics 
Julv  12,  1876  .... 
(5)  June  26.  1884. 
June  26,  1884 


June  9,  1874 

(2)  June  19,  1886.. 
(11)  June  26,  18>^4. 

(13)  June  19,1-^86. 

June  30.  1879 

January  6,  1874... 
(14) June  19,  1^86. 

Julv  7,  1882 

(4)  June  26,  1884.. 
Augusts,  1882 

(14)  June  20,  18i4. 
(11)  June  19,  1886. 

March  3.  1883 

August  2,  1882 


(18)  June  19,  1886. 


June  26.  1884  . . . . 
June  30,  1879.... 
(8)  June  26,  1884 
.March  13,  1H75... 
July  31,  1876  .... 
March  3,  1883.... 


24 

26 

!     101 

I       46 

I     152 
201 

I*  204 

200 

205 

203 

!     206 

!      24 

:    209 

i    101 

211 

201 

25 

27 

28 

34 

78 

205 

80 

24 

202 

210 

210 

33 


THE  NAVIGATION  LAWS  OF  THE  UNITED"  STATES. 


PART  I. 


1.  Vessels:  theih  iMEASUREMENT  and  documents. 
•2.  Entry  and  clearance. 

3.  Yachts  and  pleasure  vessels. 

4.  Tonnage  duties. 

5.  Bureau  of  Navigation. 

6.  Abolishment  of  certain  fees. 


(Revised  Statutes,  Title  I,  chap.  1.) 
DEFINITION   OF  A  VESSEL. 

Sec.  3.  The  word  "vessel"  includes  ever^'  description  of  water-craft 
or  other  artificial  contrivance  used  or  capable  of  being  used  as  a  means 
of  transportation  on  water.* 


1.— VESSELS:  THEIR  MEASUREMENT  AND  DOCUMENTS. 

(Revised  Statutes,  Title  XLVIII,  chap.  1. — Regulation  of  Commerce  and  Navigation.) 

Sec.  4131.*  Vessels  registered  pursuant  to  law,  and  no  others,  except 
such  as  shall  be  duly  qualified,  according  to  law,  for  carrying  on  the 
coasting  trade  and  fisheries,  or  one  of  them,  shall  be  deemed  vessels  of 
the  United  States,  and  entitled  to  the  benefits  and  privileges  apper- 
taining to  such  vessels;  but  they  shall  not  enjoy  the  same  longer  than 

*  According  to  a  Treasury  circular  of  May  19,  1865,  it  oven  includes  rafts. 

.Justice  Merrick  (188.i)  decided  that  a  dredge  was  a  vessel  and  the  subject  of  ad- 
miralty. 

Vessels  entitled  to  be  documented  as  vessels  of  the  United  States  are  of  five  classes, 
as  follows : 

1.  Such  as  are  built  in  the  country  and  have,  after  being  documented,  been  wholly 
owned  by  citizens  of  the  United  States. 

2.  Such  as  are  built  in  the  country  under  foreign  ownership  in  whole  or  in  part,  noc 
registered,  enrolled,  or  licensed,  but  recorded,  according  to  law  upon  becoming  the 
exclusive  property  of  citizens  of  the  United  States. 

3.  Such  as  have  been  captured  in  war  by  citizens  of  the  United  States,  lawfully 
condemned  as  a  prize  and  wholly  owned  by  such  citizens. 

4.  Such  as  have  been  forfeited  for  a  violation  of  the  laws  of  the  United  States  and 
wholly  owned  by  its  citizens. 

5.  Vessels  built  out  of  the  United  States  but  wrecked  within  the  waters  thereof 
and  purchased  and  repaired  by  citizens  of  the  United  States  at  an  expense  of  three- 
fourths  of  the  cost  of  the  vessel  when  repaired. 

5 


6  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

tbey  sball  contiiiTie  to  be  wholly  owned  by  citizens  and  to  be  commanded 
by  a  citizen  of  the  United  States.  *  And  officers  of  vessels  of  the  United 
States  shall  in  all  cases  be  citizens  of  the  United  States. 

Sec.  4132.  Vessels  built  within  the  United  States,  and  belonging 
wholly  to  citizens  thereof,  and  vessels  which  may  be  captured  in  war 
by  citi.".ens  of  the  United  States,  and  lawfully  condemned  as  prize,  or 
•ivhich  may  be  adjudged  to  be  forfeited  for  a  breach  of  the  laws  of  the 
lini^ted  States,  being;  wholly  owned  by  citizens,  and  no  others,  may  be 
•I'egi^tered  ss  dilVctcAl  in  this  Title. 

'*'&EcV4133.  Xo  vessel  shall  be  entitled  to  be  registered,  or,  if  regis- 
tered, to  the  benefits  of  registry,  if  owned  in  whole  or  in  part  by  any 
citizen  of  the  United  States  who  usually  resides  in  a  foreign  country, 
during  the  continuance  of  such  residence,  unless  such  citizen  be  a  con- 
sul of  the  United  States,  or  an  agent  for  and  a  partner  in  some  house  of 
trade  or  copartnership,  consisting  of  citizens  of  the  United  States 
actuallv  carrying  on  trade  within  the  United  States. 

Sec.'4134. 'No  vessel  shall  be  entitled  to  be  registered  as  a  vessel  of 
the  United  States,  or,  if  registered,  to  the  benefits  of  registry,  if  owned 
in  whole  or  in  part  by  any  person  naturalized  in  the  United  States,  and 
residing  for  more  than  one  year  in  the  country  from  which  he  originated, 
or  for  more  than  two  years  in  any  foreign  country,  unless  such  person 
be  a  consul  or  other  public  agent  of  the  United  States.  Nothing  con- 
tained in  this  section  shall  be  construed  to  prevent  the  registering  anew 
of  any  vessel  before  registered,  in  case  of  a  sale  thereof  in  good  faith  to 
any  citizen  resident  in  the  United  States;  but  satisfactory  proof  of  the 
citizenship  of  ihe  person  on  whose  account  a  vessel  may  be  purchased 
shall  be  exhibited  to  the  collector,  before  a  new  register  shall  be  granted 
for  such  vessel. 

Sec.  4135.  *No  vessel  which  has  been  recorded  or  registered  as  an 
American  vessel  of  the  United  States,  pursuant  to  law,  and  which  was 
licensed  or  otherwise  authorized  to  sail  under  a  foreign  flag,  and  to  have 

Vessels  uot  entitled  to  marine  documents  may  be  classed  as  follows : 

1.  Vessels  built  in  a  foreign  country,  unless  they  have  been  captured  and  condemned, 
forfeited  for  breach  of  law,  or  wrecked  and  become  the  property  of  American  citizens. 

2.  American-built  vessels  sold  to  foreigners. 

3.  Vessels  not  commanded  by  a  citizen  of  the  United  States. 

4.  Vessels  owned  by  citizens  who  live  in  a  foreign  country. 

5.  Vessels  owned  by  citizens  not  naturalized. 

H.  Vessels  which  during  the  late  rebellion  sought  the  protection  of  a  foreign  flag. 

7.  Vessels  which,  having  been  seized  and  condemned  by  any  f(u-eign  power,  again 
become  the  pr  perty  of  citizens  of  the  United  State%  unless  such  property  be  acquired 
or  regained  by  purchase  or  otherwise  of  the  owners  or  their  executors  or  administra- 
tors. ,      .  ^  •    X  11 

Marine  documents,  considered  with  reference  to  their  nature,  are  registers,  enroll- 
ments, and  licenses. 

The  re<ri8ter  identifies  the  vessel  by  her  class,  name,  dimensions,  tonnage,  master, 
owners,  and  home  port.  It  does  uot  define  nor  limit  her  occupation.  It  is  available 
for  the  foreign  or  domestic  trade,  and  for  the  whale  fishery,  under  section  4339. 

The  enrollment  gives  a  description  corresponding  to  that  in  a  register.  It  does  not 
define  nor  limit  the  occupation  in  its  terms,  but  section  4311  only  authorizes,  an  en- 
rolled vessel  to  engage  in  the  coasting  trade  or  fisheries.  Section  4214  authorizes  the 
^^nroUnicnt  of  a  vessel  to  be  used  as  a  pleasure  vessel.  ,        ,    , 

The  license  limits  the  employment  of  the  vessel  to  the  coasting  trade,  or  the  whale 
Tishery,  or  the  cod  fishery,  or  the  mackerel  fishery.  ^    ,    .    .  „    , 

Marine  documents,  considered  with  reference  to  the  place  of  their  issue,  are  called 
permanent  or  temporary.  A  permanent  register  is  granted  at  the  port  of  entry  of  the 
district  whicli  iucludes'the  home  port.  A  temporary  register  is  granted  at  the  port  of 
entry  of  any  other  district  (Article  17,  Regulations  1874).  A  permanent  license  is 
orauted  at  the  home  port ;  a  temporary  license  at  any  other  port.  Penuauent  and 
temporary  enrollments  are  governed  by  the  same  rule  as  licenses  (Article  43,  Regu- 
lations 1874).  In  each  case  the  vessel  itself  must  be  within  the  jurisdiction  of  the  offi- 
cer who  grants  the  document  (Article  5,  Regulations  1874). 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  7 

the  protection  ofauy  foreign  government  during  the  existence  of  the 
rebellion,  shall  be  deemed  or  registered  as  a  vessel  of  the  United  States, 
or  shall  have  the  rights  and  privileges  of  vessels  of  the  United  States, 
except  under  provisions  of  law  esi)eciall.y  authorizing  such  registry. 

Sec.  4:130.  The  Secretary  of  the  Treasury  may  issue  a  register  or  en- 
rollment for  any  vessel  budt  in  a  foreign  country,  whenever  such  vessel 
shall  be  wrecked  in  the  United  States,  and  shall  be  purchased  and  re- 
paired by  a  citizen  of  the  United  States,  if  it  shall  be  proved  to  the 
satisfaction  of  the  Secretary  that  the  rei)airs  put  upon  such  vessel  are 
equal  to  three-fourths  of  the  cost  of  the  vessel  when  so  repaired. 

See  act  of  Juae  "26,  1884,  which  excepts  cases  where  a  vessel  is  for  any  reasou  de- 
prived of  the  services  of  an  officer  below  the  grade  of  master  on  certain  long  voyages. 

Evidences  as  to  wrecked  foreign  vessel :  To  obtain  a  marine  document  for  a  wrecked 
foreign  vessel,  the  applicant  must  furnish  to  the  custom-house  to  which  it  would  be- 
long to  document  the  vessel,  proof  of  the  wreck  within  the  waters  of  the  United  States, 
of  his  title  thereto  by  purchase,  of  the  citizenship  of  the  purchaser,  of  the  amount  of 
purchase  money  paid  therefor,  and  a  detailed  statement  of  the  items  of  expenditure 
for  repairs,  accomiianied  by  the  bills,  receipted,  which  are  to  be  compared  at  the  cus- 
tom-house with  the  statement,  and  the  opinion  of  the  chief  customs  officer  on  the  case, 
officially  certitied  on  the  statement,  which,  with  the  other  papers  in  the  case  are  to 
be  transmitted  to  the  Secretary  of  the  Treasury.     (Article  29.  Regulations  1874.) 

The  cost  of  repairs  to  the  wrecked  vessel  must  not  be  less  than  three-fourths  of  the 
entire  cost  to  her  purchaser  and  repairer. 

"  The  word  '  wrecked,'  as  used  in  section  4136  Revised  Statutes,  is  applicable  to  a 
vessel  which  is  disabled  and  rendered  unfit  for  navigation,  whether  this  condition  of 
the  vessel  has  been  caused  by  the  winds  or  the  waves,  by  standing  by  fire,  by  explo- 
sion of  boilers,  or  by  any  other  casualty."  (Opinion  of  Attorney-Geueral,  December 
5,  1877. 

In  order  to  the  granting  of  a  register  under  Sec.  4136  R.  S.,  it  is  sufficient  if  the 
cost  of  repairing  the  vessel,  as  well  where  in  so  doing  the  original  plan  of  the  vessel 
is  departed  from  and  changes  in  her  construction  aud  internal  arrangement  are  made, 
new  machinery,  new  appliances  for  her  navigation  and  other  improvements  intro- 
duced, as  where  the  vessel  is  simply  lestored  to  what  she  originally  was,  equals 
three-fourths  of  her  value  when  repaired.     (Ibid.,  1877.) 

Sec.  4137.  Kegisters  for  vessels  owned  by  any  incorporated  company 
may  be  issued  in  the  name  of  the  president  or  secretary  of  such  com- 
pany ;  and  such  register  shall  not  be  vacated  or  affected  by  sales  of  any 
shares  of  stock  in  such  company. 

Sec.  4138.  Upon  the  death,  removal,  or  resignation  of  such  president 
or  secretary  of  any  incorporated  company  owning  any  vessel,  a  new  reg- 
ister shall  be  taken  out  for  such  vessel. 

Sec.  4139.*  Previously  to  granting  a  register  for  any  vessel,  owned  by 
any  company,  the  president  or  secretary  thereof  shall  swear  to  the  own- 
ership of  the  vessel,  by  such  company,  without  designating  the  uames 
of  the  persons  composing  the  company;  and  the  oath  shall  be  deemed 
suflficient,  without  requiring  the  oath  of  any  other  person  interested  or 
concerned  in  such  vessel. 

Sec.  4140.  The  Secretary  of  the  Treasury  may  make  such  regulations 
as  he  may  deem  expedient,  for  the  nationalization  of  all  vessels  owned  by 
actual  residents  of  the  Territory  of  Alaska,  on  the  twentieth  day  of  June, 
eighteen  hundred  and  sixty-seven,  and  which  continued  to  be  so  owned 
up  to  the  date  of  such  nationalization. 

Sec.  4141.  Every  vessel,  except  as  is  hereinafter  provided,  shall  be 
registered  by  the  collector  of  that  collection  district  which  includes  the 
port  to  which  such  vessel  shall  belong  at  the  time  of  her  registry ;  which 
port  shall  be  deemed  to  be  that  at  or  nearest  to  which  the  owner,  if 


*  Documents  for  vessels  owned  by  an  incorporate*!  company  may  be  issued  in  the 
name  of  the  president  or  secretary,  but  upou  the  change  of  such  officer  for  any  cause 
such  vessels  must  be  redocumented.  Sales  of  shares  of  stock  do  not  affect  the  regis- 
try of  vessels  in  the  name  of  a  corporation  as  owner,  even  though  made  to  foreigners. 


8  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

there  be  but  oue,  or,  if  more  tbau  one,  the  husband  or  acting  and  man- 
aging owner  of  such  vessel,  usually  resides. 

Sec.  4142.  In  order  to  the  registry  of  any  vessel,  an  oath  shall  be 
taken  and  subscribed  by  the  owner,  or  by  one  of  the  owners  thereof, 
before  the  officer  authorized  to  make  such  registry,  declaring,  accord- 
ing to  the  best  of  the  knowledge  and  belief  of  the  person  so  swearing, 
the  name  of  such  vessel,  her  burden,  the  place  where  she  was  built,  if 
built  within  the  United  States,  and  theyeir  in  which  she  was  built;  or 
that  she  has  been  captured  in  war,  specifying  the  time,  by  a  citizen  of 
the  United  States,  and  lawfully  condemned  as  prize,  producing  a  copy 
of  the  sentence  of  condemnation,  authenticated  in  the  usual  forms;  oV 
that  she  has  been  adjudged  to  be  forfeited  for  a  breach  of  the  laws  of  the 
United  States,  producing  a  like  copy  of  the  adjudication  of  forfeiture ; 
and  declaring  his  name  and  place  of  abode,  and  if  he  be  the  sole  owner 
of  the  vessel,  that  such  is  the  case ;  or  if  there  be  another  owner,  that 
there  is  such  other  owner,  specifying  his  name  and  place  of  abode,  and 
that  he  is  a  citizen  of  the  United  States,  and  si)ecifying  the  proportion 
belonging  to  each  owner ;  and  where  an  owner  resides  in  a  foreign 
country,  in  the  capacity  of  a  consul  of  the  United  States,  or  as  an  agent 
for  and  a  partner  in  a  house  or  copartnership  consisting  of  citizens  of 
the  United  States,  actually  carrying  on  trade  within  the  United  States, 
that  such  is  the  case,  that  the  person  so  swearing  is  a  citizen  of  the 
United  States,  and  that  there  is  no  subject  or  citizen  of  any  foreign 
prince  or  state,  directly  or  indirectly,  by  way  of  trust,  confidence,  or 
otherwise,  interested  in  such  vessel,  or  in  the  profits  or  issues  thereof; 
and  that  the  master  thereof  is  a  citizen,  naming  the  master,  and  stating 
the  means  whereby  or  manner  in  which  he  is  a  citizen. 

Sec.  4143.  If  any  of  the  matters  of  fact  alleged  in  the  oath  taken  by 
an  owner  to  obtain  the  registry  of  any  vessel,  which  within  the  knowl- 
edge of  the  party  so  swearing  are  not  true,  there  shall  be  a  forfeiture  of 
the  vessel,  together  with  her  tackle,  apparel,  and  furniture,  in  respect 
to  which  the  oath  shall  have  been  made,  or  of  the  value  thereof,  to  be 
recovered,  with  the  costs  of  suit,  of  the  person  by  whom  the  oath  was 
made. 

Sec.  4144.  If  the  master  of  a  vessel  is  within  the  district  where  a 
registry  thereof  is  to  be  made,  when  application  is  made  for  registering 
the  same,  'le  shall  himself,  instead  of  the  owner,  or  of  the  agent  or  attor- 
ney, as  hereinafter  mentioned,  make  oath  touching  his  being  a  citizen, 
and  the  means  whereby  or  manner  in  which  he  is  a  citizen;  in  which 
case,  if  the  master  shall  knowingly  swear  to  anything  untrue,  no  for- 
feiture of  the  vessel,  on  account  of  such  false  oath,  shall  be  incurred, 
but  the  master  shall  be  liable  to  a  penalty  of  one  thousand  dollars. 

Sec.  4145.  Previous  to  the  registry  of  any  vessel,  the  husband  or 
acting  and  managing  owner,  together  with  the  master  thereof,  and  one 
or  more  sureties,  to  the  satisfaction  of  the  collector  of  the  district  whose 
duty  it  is  to  make  such  registry,  shall  give  bond  to  the  United  States, 
if  such  vessel  be  of  burden  not  exceeding  fifty  tons,. in  the  sum  of  four 
hundred  dollars;  if  of  burden  above  fifty  tons,  and  not  exceeding 
one  hundred,  in  the  sum  of  eight  hundred  dollars;  if  of  burden  above 
one  hundred  tons,  and  not  exceeding  two  hundred,  in  the  sum  of  twelve 
hundred  dollars;  if  of  burden  above  two  hundred  tons,  and  not  ex- 
ceeding three  hundred,  in  the  sum  of  sixteen  hundred  dollars ;  and  if 
of  burden  exceeding  three  hundred  tons,  in  the  sum  of  two  tlionsand 
dollars. 

Sec.  4146.  The  conditions  of  the  bond  given  to  obtain  the  registry 
of  a  vessel  shall  in  each  case  be  that  the  certificate  of  such  registry 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  9 

shall  be  solely  used  for  the  vessel  for  vvhicli  it  is  granted,  aud  shall  not 
be  sold,  lent,  or  otherwise  disi)osed  of,  to  any  persou  whomsoever  puid  that 
ill  case  such  vessel  shall  be  lost,  or  taken  by  an  enemy,  burned  or  broken  up, 
or  shall  be  otherwise  prevented  from  returning  to  the  port  to  which  she 
may  belong,  the  certiticare,  if  preserved,  shall  be  delivered  up,  within 
eight  days  after  the  arrival  of  the  master  or  person  having  the  charge 
or  command  of  such  vessel,  within  any  district  of  the  United  States,  to 
the  collector  of  such  district;  aud  that  if  any  foreigner,  or  auy  person 
for  the  use  and  benefit  of  such  foreigner,  shall  purchase  or  otherwise 
become  entitled  to  the  whole  or  any  i)art  or  share  of  or  interest  in  such 
vessel,  the  same  being  within  a  district  of  the  United  States,  the  cer- 
tificate shall,  in  such  case,  within  seven  days  after  such  purchase, 
change,  or  transfer  of  property,  be  delivered  up  to  the  collector  of  the 
district;  and  that  if  auy  such  purchase,  change,  or  transfer  of  property 
shall  happen  when  such  vessel  shall  be  at  any  foreign  i)ort  or  place,  or 
at  sea,  then  the  master  or  person  having  the  charge  or  command  thereof, 
shall,  within  eight  days  after  his  arrival  within  any  district  of  the  United 
States,  deliver  up  the  certificate  to  the  collector  of  such  district. 

Sec.  4147.  *In  ordertotheregistryof  any  vessel  built  within  the  United 
States,  it  shall  be  necessary  to  produce  a  certificate,  under  the  hand  of 
the  principal  or  master  carpenter,  by  whom  or  under  whose  direction 
the  vessel  has  been  built,  testifying  that  she  was  built  by  him  or  under 
his  direction,  aud  specifying  the  place  where,  the  time  when,  and  the 
person  for  whom,  and  describing  her  build,  number  of  decks  and  masts, 
length,  breadth,  depth,  tonnage,  and  such  other  circumstances  as  are 
usually  descriptive  of  the  identity  of  a  vessel;  which  certificate  shall 
be  sufficient  to  authorize  the  removal  of  a  new  vessel  from  the  district 
where  she  may  be  built  to  another  district  in  the  same  or  an  adjoining 
State,  where  the  owner  actually  resides,  provided  it  be  with  ballast  only. 

Sec.  4148.  Before  any  vessel  shall  be  registered,  she  shall  be  meas- 
ured by  a  surveyor,  if  there  be  one,  or  by  the  person  he  shall  appoint, 
at  the  port  or  place  where  the  vessel  may  be,  and  if  there  be  none,  by 
such  jierson  as  the  collector  of  the  district  within  which  she  may  be 
shall  ai)i)oint.  But  in  all  cases  where  a  vessel  has  before  been  regis- 
tered as  a  vessel  of  the  United  States,  it  shall  not  be  necessary  to  meas- 
ure her  anew,  for  the  purpose  of  obtaining  another  register ;  unless  such 
vessel  has  undergone  some  alteration  as  to  her  burden,  subsequent  to 
the  time  of  her  tormer  registry. 

Sec.  4149.  The  otticer  or  person  by  whom  such  measurement  is  made 
shall,  for  the  information  of  and  as  a  voucher  to  the  officer  to  whom  the 
registry  is  to  be  made,  grnnt  a  certificate,  specifying  the  build  of  the 
vessel,  her  number  of  decks  and  masts,  her  length,  breadth,  dejith,  the 
number  of  tons  she  measures,  and  such  other  particulars  as  are  usually 
descriptive  ol  the  identity  of  a  vessel,  and  that  her  name,  and  the  j)lace 
to  which  she  belongs,  are  painted  on  her  stern  in  manner  required  by 
this  Title;  which  certificate  shall  be  countersigned  by  an  owner,  or  by 
the  master  of  such  vessel,  or  by  some  other  jierson  who  shall  attend  her 
admeasurement,  on  behalf  of  her  owner  or  owners,  in  testimony  of  the 
truth  of  the  particulars  therein  contained;  without  which  the  certiti(;ate 
vshall  not  be  valid. 

Sec.  4150.  The  registry  of  every  vessel  shall  e\[U'ess  her  length  and 
breadth,  together  with  her  depth  aud  the  hight  under  the  third  or  spar 
deck,  which  shall  be  ascertaiued  in  the  following  manuer :  The  tonnage- 

*  Carpenter^a  certificate:  The  carpenter's  certiticate  should  be  anthfenticated  by  some 
officer  having  a  seal,  if  the  sigaature  of  the  carpenter  be  unknown  at  the  custom- 
house. 


10  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

deck,  iu  vessels  having-  three  or  more  decks  to  the  hull,  shall  be  the 
second  deck  from  below;  in  all  other  cases  the  upper  deck  of  the  hull 
is  to  be  the  tonnajie  deck.  The  length  from  the  fore  i)art  of  the  outer 
planking  on  the  side  of  the  stem  to  the  after  part  of  the  main  stern-post 
of  screw-steamers,  and  to  the  after  part  of  the  rudder  post  of  all  other 
vessels  measured  on  the  top  of  the  tonnage-deck,  shall  be  accounted  the 
vessel's  reugth.  The  breadtii  of  the  broadest  part  on  the  outside  of  the 
vessel  shall  be  ac(;ounte(l  the  vessel's  breadth  of  beam.  A  measure 
from  the  under  side  of  the  tonnage-deck  j)lank,  amidships,  to  the  ceil- 
ing of  the  hold,  (average  thickness,)  shall  be  accounted  the  depth  of 
hold.  If  the  vessel  has  a  third  deck,  theu  the  height  from  the  top  of 
the  tonnage  deck  plank  to  the  under  side  of  the  upper-deck  plank  shall 
be  accounted  as  the  height  under  the  spar-deck.  All  measurement 
to  be  taken  in  feet  and  fractions  of  feet:  and  all  fractions  of  feet  shall 
be  expressed  in  decimals. 

Sec.  4151.  Xo  part  of  any  vessel  shall  be  required  by  the  preceediug 
section  to  be  measured  or  registered  for  tonnage  that  is  used  for  cabins 
or  state-rooms,  and  constructed  entirely  above  the  first  deck,  which  is 
not  a  deck  to  the  hull. 

Sec.  4:152.  The  provisions  foregoing  relating  to  the  measurement  of 
vessels  shall  not  be  deemed  to  apply  to  any  vessel  not  required  by  law 
to  be  registered,  or  enrolled,  or  licensed,  unless  otherwise  specially 
provided. 

Sec,  4153.  The  register  tonnage  of  every  vessel  built  within  the  United 
States  or  owned  by  a  citizen  or  citizens  thereof  shall  be  her  entire  in- 
ternal cubical  capacity  in  tons  of  one  hundred  cubic  feet  each,  to  be  as- 
certained as  follows  :  Measure  the  length  of  the  vessel  in  a  straight  line 
along  the  upper  side  of  the  tonnage-deck,  from  the  inside  of  the  inner 
plank,  average  thickness,  at  the  side  of  the  stem  to  the  inside  of  the 
plank  on  the  stern  timbers,  average  thickness,  deducting  from  this 
length  what  is  due  to  the  rake  of  the  bow  in  the  thickness  of  the  deck, 
and  what  is  due  to  the  rake  of  the  stern-timber  in  the  thickness  of  the 
deck,  and  also  what  is  due  to  the  rake  of  the  stern-timber  in  one-third 
of  the  round  of  the  beam  ;  divide  the  length  so  taken  into  the  number 
of  equal  parts  required  by  the  following  table,  according  to  the  class  la 
such  table  to  which  the  vessel  belongs  : 

TABLE   OF   CLASSES.* 

Class  one.  Vessels  of  which  the  tonnage  length  according  to  the 
above  measurement  is  fifty  feet  or  under  :  into  six  equal  parts. 

Class  two.  Vessels  of  which  the  tonnage  length  according  to  the 
above  measurement  is  above  fifty  feet  ano  not  exceeding  one  hundred 
feet :  into  eight  equal  parts. 

Class  three.  Vessels  of  which  the  tonnage  length  according  to  the 
above  measurement  is  above  one  hundreid  feet,  and  not  exceeding  one 
hundred  and  fifty  feet:  into  ten  equal  parts. 

Class  four.  Vessels  of  which  the  tonnage  length  according  to  the  above 
measurement  is  above  one  hundred  and  fifty  feet,  and  not  exceeding 
two  hundred  feet :  into  twelve  equal  parts. 

*  What  vessels  may  be  registered  :  Vessels  employed  in  the  coasting  trade  may  have  a 
refjistt-r,  if  the  owners  so  choose. 

Vessels  employed  iu  the  whale  lisheries  may  be  authorized  by  the  Secretary  of  the 
Treasury  to  do  so,  under  restrictions  and  regulations.  It  seems  that  the  power  has 
never  been  exercised,  or  that  the  regulations  have  been  lo.st  to  sight. 

What  vessels  must  be  registered:  Vessels  engaged  in  trade  with  a  foreign  country 
must  be  under  register.     (Article  16,  Regulations  of  1874.) 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  11 

Class  tive.  Vessels  of  which  the  toiHi;i<>:e  length  according  to  the 
above  measnreinent  is  above  two  hundred  feet,  and  not  exceedin<>:  two 
hundred  and  tifty  feet:  into  fourteen  equal  parts. 

Class  six.  Vessels  of  which  the  toniuijie  length  according  to  the  above 
measurement  is  above  two  hundred  and  tifty  feet:  into  sixteen  equal 
parts. 

Then,  the  hold  being  suflBcieutly  cleared  to  admit  of  the  required 
depths  and  breadths  being  properly  taken,  find  the  transverse  area  of 
such  vessel  at  each  point  of  division  of  the  length  as  follows: 

Measure  the  depth  at  each  point  of  division  from  a  point  at  a  distance 
of  one-third  of  the  round  of  the  beam  below  such  deck  :  or,  in  case  of 
a  bi'eak,  below  a  line  stretched  in  continuation  thereof,  to  the  upper 
side  of  the  tloor-timber,  at  the  Inside  of  the  limber  strake,  after  de- 
ducting the  average  thickness  of  the  ceiling,  which  is  between  the  bilge- 
planks  and  liujber-strake;  then,  if  the  depth  at  the  midship  division  of 
the  length  do  not  exceed  sixteen  feet,  divide  each  depth  into  four  equal 
parts;  then  measure  the  inside  horizontal  breadth,  at  each  of  the  three 
points  of  division,  and  also  at  the  upper  and  lower  points  of  the  de])th, 
extending  each  measurement  to  the  average  ihickness  of  that  part  of 
the  ceiling  which  is  between  the  points  of  measuremeut ;  number  these 
breadths  from  above,  numberiug  the  upper  breadth  one,  and  so  on  down 
to  the  lowest  breadth  ;  multiply  the  second  and  fourth  by  four,  and  the 
third  by  two;  add  these  products  together,  and  to  the  sum  add  the  first 
breadth  and  the  last,  or  tiftli ;  multiply  the  quantity  thus  obtained  by 
one-third  of  the  common  interval  betw^een  the  breadths,  and  the  product 
shall  be  deemed  the  transverse  area;  but  if  the  midship  depth  exceed 
sixteen  feet,  divide  each  depth  into  six  equal  parts,  instead  of  four,  and 
measure  as  before  directed,  the  horizontal  breadths  at  the  five  points  of 
division,  and  also  at  the  upper  and  lower  points  of  the  depth;  number 
them  from  above  as  before;  multiply  the  second,  fourth,  and  sixth  by 
four,  and  the  third  and  fifth  by  two;  add  these  products  together,  and 
to  the  sum  add  the  first  breadth  and  the  last,  or  seventh  ;  multiply  the 
quantities  thus  obtained  by  one- third  of  the  common  interval  between 
the  breadths,  and  the  product  shall  be  deemed  the  transverse  area. 

Having  thus  ascertained  the  transverse  area  at  each  point  of  division 
of  the  length  of  the  vessel,  as  required  above,  proceed  to  ascertain  the 
register  tonnage  of  the  vessel  in  the  following  manner: 

Number  the  areas  successively  one,  two,  three,  and  so  forth,  number 
one  being  at  the  extreme  limit  of  the  length  at  the  bow,  and  the  last 
number  at  the  extreme  limit  of  the  length  at  the  stern;  then,  whether  the 
length  be  divided  according  to  the  table  into  six  or  sixteen  parts,  as  in 
classes  one  and  six,  or  any  intermediate  number,  as  in  classes  two,  three, 
four,  and  five,  multii)ly  the  second,  and  every  even-numbered  area,  by 
four,  and  the  third,  and  every  odd-numbered  area,  except  the  first  and  last 
by  two;  add  these  products  together,  and  to  the  sura  add  the  first  and 
last  if  they  yield  anything;  multiply  the  quantities  thus  obtained  by 
one  third  of  the  common  interval  between  the  areas,  and  the  product 
will  be  the  cubical  contents  of  the  space  under  the  tonnage-deck ; 
divide  this  product  by  one  hundred,  and  the  quotient,  being  the  tonnage 
under  the  tonnage  deck,  shall  be  deemed  to  be  the  register  tonmige  of 
the  vessel,  subject  to  the  additions  hereinafter  mentioned. 

If  there  be  a  break,  a  poo[),  or  any  other  permanent  closed-in  space  on 
the  upper  decks,  or  the  spar-deck,  available  for  cargo,  or  stores,  or  for 
the  berthing  or  accommodation  of  passengers  or  crew,  the  tonnage  of 
such  space  shall  be  ascertained  as  follows: 

Measure  the  internal  mean  length  of  such  space  in  feet,  and  divide  it 


12        NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

into  au  even  number  of  equal  parts  of  which  the  distance  asunder  shall 
be  most  nearly  equal  to  those  into  which  the  length  of  the  tonnage-deck 
has  been  divided;  measure  at  themiddleof  its  height  the  inside  breadths, 
namely,  one  at  each  end  and  at  each  of  the  ]>oints  of  division,  num- 
bering them  successively  one,  two,  three,  and  so  forth  ;  then  to  the  sum 
of  the  end  breadths  add  four  times  the  sum  of  the  even-numberd  breadths 
and  twice  the  sum  of  the  odd-numbered  breadths,  except  the  first  and 
last,  and  multiply  the  whole  sum  by  one-third  of  the  common  interval 
between  the  breadths ;  the  i)roduct  will  give  the  mean  horizontal  area 
of  such  space:  then  measure  the  mean  height  between  the  planks  of 
the  decks,  and  multiply  by  it  the  mean  horizontal  area;  divide  the  pro- 
duct by  one  hundred,  and  the  quotient  shall  be  deemed  to  be  the  tonnage 
of  such  space,  and  shall  be  added  to  the  tonnage  under  the  tonnage- 
decks,  ascertained  as  aforesaid. 

If  a  vessel  has  a  third  deck,  or  spar  deck,  the  tonnage  of  the  spa<ie 
between  it  and  the  tonnage-deck  shall  be  ascertained  as  follows: 

Measure  in  feet  the  inside  length  of  the  si>ace,  at  the  middle  of  its 
height,  from  the  i)lank  at  the  side  of  the  stem  to  the  plank  on  the  tim- 
bers at  the  stern,  and  divide  the  length  into  the  same  number  of  equal 
parts  into  which  the  lenghth  of  the  tonnage-deck  is  divided ;  measure, 
also  at  the  middle  of  its  height,  the  inside  breadth  of  the  space  at  each 
of  the  points  of  division,  also  the  breadth  of  the  stem  and  the  breadth 
at  the  stern  :  number  them  successively  one,  two,  three,  and  so  forth, 
commencing  at  the  stem  ;  multiply  the  second,  and  all  other  even-num- 
bered breadths,  by  four,  and  the  third,  and  all  the  other  odd-numbered 
breadths,  except  the  first  and  last,  by  two ;  to  the  sum  of  these  products 
add  the  tirst  and  last  breadths,  multiply  the  whole  sum  by  one-third  of 
the  common  interval  between  the  breadths,  and  the  result  will  give,  in 
superficial  feet,  the  mean  horizontal  area  of  such  space;  measure  the 
mean  height  between  the  plank  of  the  two  decks,  and  multiply  by  it 
the  mean  horizontal  area,  and  the  product  will  be  the  cubical  contents 
of  the  si)ace;  divide  this  i)roduct  by  one  hundred,  and  the  quotient 
shall  be  deemed  to  be  the  tonnage  of  such  space,  and  shall  be  added  to 
the  other  tonnage  of  the  vessel  ascertained  as  above  directed.  And  if 
the  vessel  has  more  than  three  decks,  the  tonnage  of  each  space  between 
decks,  above  the  tonnage-deck,  shall  be  severally  ascertained  in  the 
manner  above  described,  and  shall  be  added  to  the  tonnage  of  the  ves- 
sel, ascertained  as  above  directed. 

In  ascertaining  the  tonnage  of  open  vessels  the  upper  edge  of  the 
upper  strake  is  to  form  the  boundary-line  of  measurement,  and  the 
depth  shall  be  taken  from  an  athwartship  line,  extending  from  the 
upper  edge  of  such  stake  at  each  division  of  the  length. 

The  register  of  the  vessel  shall  express  the  number  of  decks,  the  ton- 
nage under  the  tonnage-deck,  that  of  the  between -decks,  above  the 
tonnage-deck  ;  also  that  of  the  poop  or  other  inclosed  spaces  above  the 
deck,  each  sei)arately,*  In  every  registered  United  States  vessel  the 
number  denoting  the  total  registered  tonnage  shall  be  deeply  carved  or 
otherwise  permanently  marked  on  her  main  beam,  and  shall  be  so  con- 
tinued; and  if  it  at  any  time  cease  to  be  so  continued,  such  vessel  shall 
no  longer  be  recognized  as  a  registered  vessel  of  the  United  States. 

Sec.  4154.  In  order  to  as(;ertain  the  tonnage  of  any  vessel,  except  as 
otherwise  provided  in  this  Title,  and  in  Title  L,  the  surveyor,  or  such 
other  person  as  shall  be  appointed  by  the  collector  of  the  district  to 
measure  the  same,  shall,  if  the  vessel  l3e  double-decked,  take  the  length 
thereof  from  the  fore  part  of  the  main  stem  to  the  after  part  of  the  stern- 

•  See  sec.  4177,  page  17. 


NAVIGATION    LAWS    OK    THE    UNITED    STATES.  13 

post,  above  the  upper  deck,  the  breadth  thereof  at  the  broadest  part 
above  the  main  wales,  half  of  which  breadth  shall  be  accouuted  the 
depth  of  such  vessel,  and  shall  then  deduct  from  the  length  three-fifths 
of  the  breadth,  multiply  the  remainder  by  the  breadth,  and  the  product 
by  the  depth,  and  shall  divide  this  last  product  by  ninety-five;  the 
quotient  whereof  shall  be  deemed  the  true  contents  or  tonnage  of  such 
vessel.  If  such  vessel  be  single-decked,  the  surveyor,  or  other  person, 
shall  take  the  length  and  breadth  as  above  directed,  in  respect  to  a 
double  decked  vessel,  shall  deduct  from  the  length  three-fifths  of  the 
breadth  and,  taking  the  depth  from  the  under  side  of  the  deck-plank  to 
the  ceiling  in  the  hold,  shall  multiply  and  divide  in  the  same  manner, 
and  the  quotient  shall  be  deemed  the  tonnage  of  such  vessel. 

*Sec.  4155.  When  the  several  matters  hereinbefore  required,  in  order 
to  the  registering  of  any  vessel,  have  been  complied  with,  the  collector 
of  the  district  comprehending  the  port  to  which  she  belongs  shall  make 
and  keej)  in  some  proper  book  a  registry  thereof,  and  shall  grant  a  cer- 
tificate of  such  legistry,  as  neaily  as  may  be,  in  the  form  following: 

In  pursuance  of  chapter  one,  Title  XLVIII,  "Regulation  of  Com- 
merce AND  Navigation,"  of  the  Revised  Statutes  of  the  United  States, 
(inserting  here  the  name,  occupation,  and  place  of  abode  of  the  person 
by  whom  the  oath  was  made),  having  taken  and  subscribed  the  oath 
required  by  law,  anti  having  sworn  that  he  (or  she,  and  if  more  than 
one  owner,  adding  the  words,  "together  with,"  and  the  name  or  names, 
occui)ation  or  occupations,  place  or  places  of  abode,  of  the  owner  or 
owners,  and  the  part  or  proportion  of  such  vessel  belonging  to  each 
owner)  is  (or  are)  the  only  owner  (or  owners)  of  the  vessel  called  the 
(inserting  here  her  name),  of  (inserting  here  the  port  to  which  she  may 
belong),  whereof  (inserting  here  the  name  of  the  master)  is  at  present 
master,  and  is  a  citizen  of  the  United  States,  and  that  the  said  vessel 
was  (inserting  here  when  and  where  built),  and  (inserting  here  the  name 
and  office,  if  any,  of  the  person  by  whom  she  shall  have  been  surveyed 
or  measured)  having  certified  that  the  said  vessel  has  (inserting  here 
the  number  of  decks)  and  (inserting  here  the  number  of  masts),  and 
that  her  length  is  (inserting  here  the  number  of  feet),  her  breadth  (in- 
serting here  the  number  of  feet),  her  depth  (inserting  here  the  number  of 
feet),  and  that  she  measures  (inserting  here  her  number  of  tons) ; 
that  she  is  (describing  here  the  particular  kind  of  vessel,  whether 
shii>,  brigantine,  snow,  schooner,  sloop,  or  whatever  else,  together 
with  her  build,  and  specifying  whether  she  has  any  or  no  gallery  or 
head);  and  the  said  (naming  the  owner,  or  the  master,  or  other  per- 
son acting  in  behalf  of  the  owner  or  owners,  by  whom  the  certificate 
of  measurement  has  been  countersigned,  as  aforesaid)  having  agreed 
to  the  description  and  n)easurement  above  specified,  and  sufficient  se- 
curity having  been  given,  according  to  law,  the  said  vessel  has  been 
duly  registered  at  the  port  of  (naming  tlie  port  where  registered). 
Given  under  my  hand  and  seal,  at  (naming  the  said  port),  this  (insert- 
ing the  i)articular  day)  day  of  (naming  the  month),  in  the  year  (specify- 
ing the  number  of  the  year,  in  words,  at  length.) 

Sec.  4150.  When  the  master  of  such  vessel  himself  makes  oath  touch- 
ing his  being  a  citizen,  the  wording  of  the  certificate  shall  be  varied  so 
as  to  be  conformable  to  tiie  truth  of  the  case.  Where  a  new  certificate 
of  registry  is  granted  in  consequence  of  any  transfer  of  a  vessel,  the 
words  shall  be  so  varied  as  to  refer  to  the  former  certificate  of  registry 
for  her  measurement. 

*  In  partnership  ownership  m.iiiwt'  iUtcnmeiita  shoiiM,  as  u  couveuience  and  protoc- 
ti.iu  to  individual  owners,  state  the  specido  share  of  eaoli  partner. 


14  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Sec.  4157.  It  shall  be  the  duty  of  the  Secretary  of  the  Treasury  to 
cause  to  be  provided  blank  certificates  of  registry,  and  such  other  papers 
as  may  be  necessary,  executed  in  such  manner  and  with  such  marks  as 
he  may  direct.  No  certificate  of  registry  shall  be  issued,  except  such 
as  shall  have  been  so  provided  and  marked. 

Sec.  4158.  The  Secretary  of  the  Treasury  shall  cause  to  be  transmit- 
ted, from  time  to  time,  to  the  collectors  of  the  several  districts,  a  suffi- 
cient number  of  forms  of  the  certificates  of  registry,  attested  under  the 
seal  of  the  Treasury  and  the  hand  of  the  Register*  thereof,  with  proper 
blanks,  to  be  filled  by  the  collectors,  respectively,  by  whom  also  the 
certificates  shall  be  signed  and  sealed,  before  they  are  issued;  and 
■where  there  is  a  naval  oflScer  at  any  port,  they  shall  be  countersigned 
by  him  ;  and  where  there  is  a  surveyor,  but  no  naval  officer,  they  shall 
be  countersigned  by  him.  A  copy  of  each  certificate  issued  shall  be 
transmitted  to  the  Kegister,  who  shall  cause  a  record  to  be  kept  of  the 
same. 

Sec.  4159.  Whenever  any  citizen  of  the  United  States  purchases  or 
becomes  owner  of  any  vessel  entitled  to  be  registered,  such  vessel  being 
w  ithin  any  district  other  than  the  one  m  which  he  usually  resides,  such 
vessel  shall  be  entitled  to  be  registered  by  the  collector  of  the  district 
where  she  may  be,  at  the  time  of  his  becoming  owner  thereof,  upon  his 
complying  with  the  provisions  hereinbefore  prescribed,  in  order  to  the 
registry  of  vessels.  And  the  oath  which  is  required  to  be  taken  may, 
at  the  option  of  such  owner,  be  taken  either  before  the  collector  of  the 
district  comprehending  the  port  to  which  such  vessel  may  belong,  or 
before  the  collector  of  the  district  within  which  such  vessel  may  be, 
either  of  whom  is  hereby  empow^ered  to  administer  such  oath. 

Sec.  4160.  Whenever  any  vessel,  registered  in  pursuance  of  the  pro- 
visions of  the  preceding  section,  shall  arrive  within  the  district  compre- 
hending the  port  to  which  she  belongs,  the  certificate  of  registry,  so  ob- 
tained, shall  be  delivered  up  to  the  collector  of  such  district,  who  upon 
the  requisites  of  this  Title  in  order  to  the  registry  of  vessels,  being  com- 
plied with,  shall  grant  a  new  one  in  lieu  of  the  first.  The  certificate  so 
delivered  up  shall  forthwith  be  returned  by  thecollector  who  receives  the 
same,  to  the  collector  who  granted  it.  If  the  first-mentioned  certificate 
of  registry  is  not  delivered  up,  as  above  directed,  the  owner  and  the 
master  of  such  vessel,  at  the  time  of  her  arrival  within  the  district  com- 
prehending the  port  to  which  she  may  belong,  shall  severally  be  liable 
to  a  penalty  of  one  hundred  dollars,  and  the  certificate  of  registry  shall 
be  thenceforth  void. 

Sec.  4161.  Whenever  any  vessel  entitled  to  be  registered  is  purchased 
by  an  agent  or  attorney  for  or  on  account  of  a  citizen  of  the  United 
States,  such  vessel  being  in  a  district  of  the  United  States  more  than 
fifty  miles  distant,  taking  the  nearest  usual  route  by  land,  from  the  one 
comprehending  the  port  to  which,  by  virtue  of  such  i)urchase,  and  by 
force  of  this  Title,  such  vessel  ought  to  be  deemed  to  belong,  it  shall  be 
lawful  for  the  collector  of  the  district  where  such  vessel  may  be,  and  he 
is  hereby  required  upon  the  application  of  such  agent  or  attorney,  to 
proceed  to  the  registering  of  the  vessel,  the  agent  or  attorney  first  com- 
plying, on  behalf  and  in  the  stead  of  the  owner  thereof^  with  the  requi- 
sites prescribed  by  this  Title  in  order  to  the  registry  of  vessels,  except 
that,  in  the  oath  taken  by  the  agent  or  attorney,  instead  of  s\^  earing 
that  he  is  owner  or  an  owner  of  such  vessel,  he  shall  swear  that  he  is 
agent  or  attorney  for  the  owner  thereof,  and  that  he  has,  in  good  faith, 

*  Commissioner  of  Navigation.     Under  act  July  5,  1884. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  15 

purchased  tlie  vessel  for  the  person  whom  he  names  and  describes  as 
the  owner  thereof. 

Sec.  4162,  Whenever  any  vessel  registered  in  pursuance  of  the  pro- 
visions of  the  preceding  section,  shall  arrive  within  the  district  compre- 
hending the  ]>ort  to  which  she  belongs,  the  certificate  of  registry  so 
obtaiued  shall  be  delivered  uj)  to  the  collector  of  such  district,  who, 
upou  the  requirements  of  this  Title  in  order  to  the  registry  of  vessels 
being  complied  with,  shall  grant  a  new  one  in  lieu  of  the  first.  The  cer- 
tificate, so  delivered  up,  shall  forthwith  be  returned  to  the  collector, 
who  shall  transmit  the  same  to  the  collector  who  granted  it.  If  the 
first-mentioned  certificate  of  registry  is  not  delivered  up,  as  above 
directed,  the  owner  and  the  master  of  such  vessel,  at  the  time  of  her 
arrival  within  the  district  comprehending  the  port  to  which  she  may 
belong,  shall  severally  be  liable  to  a  penalty  of  one  hundred  dollars, 
and  the  certificate  of  registry  shall  be  thenceforth  void. 

Sec.  41(j3.  If  any  of  the  matters  of  fact  alleged  in  the  oath  taken  by 
an  agent  or  attorney  to  obtain  the  registry  of  a  vessel  which  are  within 
the  knowledge  of  the  party  so  swearing,  are  not  true,  there  shall  be  a 
forfeiture  of  vessel,  together  with  her  tackle,  apparel,  aud  furniture,  in 
respect  to  which  tlie  same  was  made,  or  of  the  value  thereof,  to  be  re- 
covered, with  costs  of  suit,  of  the  ]ierson  by  whom  such  oath  was  made. 

Sec.  4164.  Whenever  it  appears,  by  satisfactory  proof,  to  the  Secre- 
tary of  the  Treasury,  that  any  vessel  has  been  sold  and  transferred  by 
process  of  law,  and  that  the  register  of  such  vessel  is  retained  by  the 
former  owner,  the  Secretary  may  direct  the  collector  of  the  district  to 
which  such  vessel  may  belong  to  grant  a  new  register,  under  such  sale, 
on  the  owners  complying  with  such  terms  and  conditions  as  are  by  law 
required  for  grauting  such  papers  ;  excepting  only  the  delivering  up  ot 
the  former  certificate  of  registry.  But  nothing  in  this  section  shall  be 
construed  to  remove  the  liability  of  any  person  to  any  penalty  for  not 
surrendering  the  papers  belonging  to  any  vessel,  on  a  transfer  or  sale 
of  the  same. 

Sec.  4165.  No  vessel  which  is  registered,  pursuant  to  any  law  of  the 
United  States,  and  which  is  seized  or  captured  and  condemned,  under 
the  authority  of  any  foreign  power,  or  which  by  sale  becomes  the  prop- 
erty of  a  foreigner,  shall  be  entitled  to  or  capable  of  receiving  a  new 
register,  notwithstanding  such  vessel  should  afterward  become  Ameri- 
can property  ;  but  all  such  vessels  shall  be  taken  and  considered,  to  all 
intents  and  jturposes,  as  foreign  vessels.  Nothing  in  this  section  shall 
extend  to  or  be  construed  to  affect  the  i)erson  owning  any  vessel  at  the 
time  of  the  seizure  or  caj)ture  of  the  same,  or  his  executor  or  administra- 
tor, or  shall  prevent  such  owner  or  his  executor  or  administrator,  in 
case  he  regain  a  ])roperty  in  such  vessel,  so  condemned,  by  i)urchase  or 
otherwise,  from  claiming  and  receiving  a  new  register  for  tlie  same,  as 
he  otherwise  might  have  done.* 

Sec.  41<)6.  When  any  vessel,  registered  pursuant  to  any  law  of  the 

* MorUjage  to  an  alien  :  A  vessel  may  be  jtiortj^aged  to  an  alien,  and  if  jmrcbased  by 
a  citizen  on  a  foreclosure  sale,  could  be  ledocuniented.     (Decisioti  4887  in  1881.) 

Sale  to  foreigner:  A  vessel  is  subject  to  forfeiture,  if  a  subject  of  any  foreign  state 
conies  to  have  an  interest  in  her.  and  the  fact  is  not  made  known. 

Steamboat  opened  by  alien  resident :  A  steamboat  owned  wholly  or  in  part  by  an  alien 
resident,  to  be  employed  solely  in  a  river  or  bay  of  the  United  .States,  may  be  enrolled 
or  licensed. 

An  iron  steamer,  enlarged  and  repaired  while  abroad,  cannot  retain  her  status  as  a 
vessel  of  the  United  States.     {Treasury  Decision,  1870.) 

Nor  could  a  sailing-vessel  retain  her  status  as  a  vessel  of  the  United  States,  if  con- 
verted into  a  steamer  while  abroad  by  putting  in  of  machinery.     {Ibid.) 


16  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

United  States,  shall,  while  she  is  without  the  limits  of  the  United  States, 
be  sold  or  transferred  in  whole  or  in  part  to  a  citizen  c  the  United 
States,  such  vessel  on  her  first  arrival  in  the  United  Statt  >  thereafter, 
shall  be  entitled  to  all  the  privileges  and  benefits  of  a  vessel  of  the 
United  States :  Provided^  That  all  the  requisites  of  law,  in  order  to  the 
registry  of  vessels,  shall  be  complied  with,  and  a  new  certificate  of  reg- 
istry obtained  for  such  vessel,  within  three  days  from  the  time  at  which 
the  master  or  other  person  having  the  charge  or  command  of  such  ves- 
sel is  required  to  make  his  final  report  upon  her  first  arrival  afterward. 

*  Sec.  4167.  Whenever  the  certificate  of  the  registry  of  any  vessel  is 
lost,  destroyed,  or  mislaid,  the  master,  or  other  person  having  the 
charge  or  command  thereof,  may  make  oath  before  the  collector  of  the 
district  where  such  vessel  shall  first  be  after  such  loss,  destruction,  or 
mislaying,  in  the  form  following :  "I,  (inserting  here  the  name  of  the  per- 
son swearing),  being  master  (or  having  the  charge  or  command)  of  the 
ship  or  vessel  called  the  (inserting  the  name  of  the  vessel),  do  swear  (or 
affirm)  that  the  said  vessel  hath  been,  as  I  verily  believe,  registered 
according  to  law,  by  the  name  of  (inserting  again  the  name  of  the  ves- 
sel), and  that  a  certificate  thereof  was  granted  by  the  collector  of  the 
district  of  (naming  the  district  where  registered),  which  certificate  has 
been  lost  (or  destroyed,  or  unintentionally  and  by  mere  accident  mis- 
laid, as  the  case  may  be);  and  (except  where  the  certificate  is  alleged 
to  have  been  destroyed)  that  the  same,  if  found  again,  and  within  my 
power,  shall  be  delivered  u))  to  the  collector  of  the  district  in  which  it 
was  granted."  Such  oath  shall  be  subscribed  by  the  party  making  the 
same;  and  upon  such  oath  being  made,  and  the  other  requisites  of  this 
Title  in  order  to  the  registry  of  vessels  being  complied  with,  it  shall  be 
lawful  for  the  collector  of  the  district  before  whom  such  oath  is  made, 
to  grant  a  new  register,  inserting  therein  that  the  same  is  issued  in  lieu 
of  the  one  lost  or  destroyed. 

Sec.  4108.  Whenever  a  register  is  granted  in  lieu  of  one  lost  or  de- 
stroyed, by  any  other  than  the  collector  of  the  district  to  which  the  ves- 
sel actually  belongs,  such  register  shall,  within  ten  days  after  her  first 
arrival  within  the  district  to  which  she  belongs,  be  delivered  up  to  the 
collector  of  such  district,  who  shall,  thereupon,  grant  a  new  register  in 
lieu  thereof.  And  in  case  the  master  or  commander  shall  neglect  to 
deliver  up  such  register  within  the  time  above  mentioned,  he  shall  be 
liable  to  a  penalty  of  one  hundred  dollars;  and  the  former  register  shall 
become  null  and  void. 

Sec.  4169.  In  every  case  in  which  a  vessel  is  required  to  be  registered 
anew,  if  she  shall  not  be  so  registered  anew,  she  shall  not  be  entitled  to 
any  of  the  privileges  or  benefits  of  a  vessel  of  the  United  States.  And 
if  her  former  certificate  of  registry  is  not  delivered  up,  except  where  the 
same  may  have  been  destroyed,  lost,  or  unintentionally  mislaid,  and  an 
oath  thereof  shall  have  been  made,  as  hereinbefore  prescribed,  the 
owner  of  such  vessel  shall  be  liable  to  a  penalty  of  five  hundred  dollars, 
to  be  recovered,  with  costs  of  suit. 

Sec.  4170.  Whenever  any  vessel,  which  has  been  registered,  is,  in 
whole  or  in  part,  sold  or  transferred  to  a  citizen  of  the  United  States, 
or  is  altered  in  form  or  burden,  by  being  lengthened  or  built  upon,  or 
from  one  denomination  to  another,  by  the  mode  or  method  of  rigging 
or  fitting,  the  vessel  shall  be  registered  anew,  by  her  former  name, 
according  to  the  directions  hereinbefore  contained,  otherwise  she  shall 
cease  to  be  deemed  a  vessel  of  the  United  States.    The  former  certifi- 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  17 

cate  of  registry  of  such  vessel  shall  be  delivered  up  to  the  collector  to 
whom  application  for  snch  new  registr3^  is  made,  at  the  time  that  the 
same  is  made,  to  be  by  him  transmitted  to  the  Register  of  the  Treasury, 
who  shall  cause  the  same  to  be  canceled.  In  every  such  case  of  sale  or 
transfer,  there  shall  be  some  instrument  of  writing,  in  the  nature  of  a 
bill  of  sale,  which  shall  recite,  at  length,  the  certificate;  otherwise  the 
vessel  shall  be  incapable  of  being  so  registered  anew. 

Sec.  4171.  When  the  master  or  person  having  the  charge  or  com- 
mand of  a  registered  vessel  is  changed,  the  owner,  or  one  of  the  owners, 
or  the  new  master  of  such  vessel,  shall  report  such  change  to  the  col- 
lector of  the  district  where  the  same  has  happened,  or  where  the  vessel 
shall  first  be  after  the  same  has  happened,  and  shall  produce  to  him  the 
certificate  of  registry  of  such  vessel,  and  shall  make  oath,  showing  that 
such  new  master  is  a  citizen  of  the  United  States,  and  the  manner  in 
which  or  means  whereby  he  is  so  a  citizen.  Thereupon  the  collector 
shall  indorse  upon  the  certificate  of  registry  a  memorandum  of  such 
change,  specifying  the  name  of  such  new  master,  and  shall  subscribe 
the  memorandum  with  his  name;  and  if  other  than  the  collector  of  the 
district  by  whom  the  certificate  of  registry  was  granted,  shall  transmit 
a  copy  of  the  memorandum  to  him,  with  notice  of  the  particular  vessel 
to  which  it  relates;  and  the  collector  of  the  district,  by  whom  the  cer- 
tificate shall  have  been  granted,  shall  make  a  like  memorandum  of  such 
change  in  his  book  of  registers,  and  shall  transmit  a  coi)y  thereof  to  the 
Eegister  of  the  Treasury.  If  the  cliange  is  not  reported,  or  if  the  oath 
is  not  taken,  as  above  directed,  the  registry  of  such  vessel  shall  be  void, 
and  the  master  or  person  having  the  charge  or  command  of  her  shall  be 
liable  to  a  penalty  of  one  hundred  dollars. 

Sec.  4172.  If  any  vessel  registered  as  a  vessel  of  the  United  States 
shall  be  sold  or  transferred,  in  whole  or  in  part,  by  way  of  trust,  confi- 
dence, or  otherwise,  to  a  subject  or  citizen  of  any  foreign  prince  or  state, 
and  such  sale  or  transfer  shall  not  be  made  known,  as  hereinbefore  di- 
rected, such  vessel,  together  with  her  tackle,  apparel,  and  furniture, 
shall  be  forfeited.  If  such  vessel,  however,  be  so  owned  in  part  only, 
and  it  is  made  to  appear  to  the  jury  before  whom  the  trial  for  such  for- 
feiture is  had,  that  any  other  owner  of  such  vessel,  being  a  citizen  of 
the  United  States,  was  wholly  ignorant  of  the  sale  or  transfer  to  or  own- 
ership of  such  foreign  subject  or  citizen,  the  share  or  interest  of  such 
citizen  of  the  United  States  shall  not  be  subject  to  such  forfeiture,  and 
the  residue  only  shall  be  so  forfeited. 

Sec.  4173.  Upon  the  entry  of  every  vessel  of  the  United  States  from 
any  foreign  port,  if  the  same  shall  be  at  the  port  at  which  the  owner  or 
any  of  the  part  owners  reside,  such  owner  or  irdrt  owner  shall  make 
oath  that  the  register  of  such  vessel  contains  the  name  or  names  of  all 
the  persons  who  are  then  owners  of  the  vessel ;  or  if  any  part  of  such 
vessel  has  been  sold  or  transferred  since  the  granting  of  such  register, 
that  such  is  the  case,  and  that  no  foreign  subject  or  citizen  has,  to  the 
best  of  his  knowledge  and  belief,  any  share,  by  way  of  trust,  confidence, 
or  otherwise,  in  such  vessel.  If  the  owner  or  any  part  owner  does  not 
reside  at  the  port  at  which  such  vessel  enters,  the  master  shall  make 
o.ath  to  the  like  effect.  If  the  owner,  or  part  owner,  where  there  is  one, 
or  the  master,  where  there  is  no  owner,  refuses  so  to  swear,  such  vessel 
shall  not  be  entitled  to  the  privileges  of  a  vessel  of  the  United  States. 

Sec.  4174.  Every  certificate  of  registry  which  is  delivered  up  to  a  col- 
lector on  the  loss,  destruction,  or  capture  of  a  vessel,  or  the  transfer 
thereof  to  a  foreigner,  shall  be  forthwith  transmitted  to  the  Eegister  of 
the  Treasury,  t(\  be  canceled ;  who,  if  the  same  shall  have  been  deliv- 
H.  Mis.  391 2 


18  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

ered  up  to  a  collector  other  than  of  the  district  in  which  it  was  granted, 
shall  cause  notice  of  such  delivery  to  be  given  to  the  collector  of  such 
district. 

*  Sec.  4175.  Whenever  the  master  or  owner  of  a  vessel  shall  deliver  up 
the  register  of  such  vessel,  agreeably  to  the  provisions  of  this  Title,  if 
to  the  collector  of  the  district  where  the  same  was  granted,  the  collector 
shall  thereupon  cancel  the  bond  which  shall  have  been  given  at  the  time 
of  granting  such  register;  or  if  to  the  collector  of  any  other  district, 
such  collector  shall  grant  to  themaster,  commander,  or  owner,  a  receipt 
or  acknowledgment  that  such  register  has  been  delivered  to  him,  and 
the  time  when  ;  and  ui)on  such  receipt  being  i^roduced  to  the  collector 
by  whom  the  register  was  granted,  he  shall  cancel  the  bond  of  the  party, 
as  if  the  register  had  been  returned  to  him. 

Sec.  4170.  The  collector  of  each  district  shall  progressively  number 
the  certificates  of  the  registry  by  him  granted,  beginning  anew  at  the 
commencement  of  each  year,  and  shall  enter  an  exact  copy  of  each  cer- 
tificate in  a  book  to  be  kept  for  that  purpose ;  and  shall,  once  in  three 
months,  transmit  to  the  Eegister  of  the  Treasury  t  cojues  of  all  the  cer- 
tificates which  shall  have  been  granted  by  him,  including  the  number 
of  each. 

f  Sec.  4177.  The  Secretary  of  the  Treasury  shall  have  power,  under 
such  regulations  as  he  shalfprescnbe,  to  establish  and  provide  a  system 
of  numbering  vessels  so  registered,  enrolled,  and  licensed;  and  each 
vessel  so  numbered  shall  have  her  number  deeply  carved  or  otherwise 
permanently  marked  on  her  main  beam ;  and  if  at  any  time  she  shall 
cease  to  be  so  marked,  such  vessel  shall  be  no  longer  recognized  as  a 
vessel  of  the  United  States. 

§Sec.  4178.  The  name  of  every  registered  vessel,  and  of  the  port  to 
which  she  shall  belong,  shall  be  painted  on  her  stern,  on  a  black  ground, 
in  white  letters,  of  not  less  than  three  inches  in  length.  If  any  vessel 
of  the  United  States  shall  be  found  without  having  her  name  and  the 
name  of  the  port  to  which  she  belongs  so  painted,  the  owner  or  owners 
shall  be  liable  to  a  penalty  of  fifty  dollars ;  recoverable  one-half  to  the 
person  giving  the  information  thereof;  the  other  half  to  the  use  of  the 
United  States. 

Sec.  4179.  No  master,  owner,  or  agent  of  any  vessel  of  the  United 
States  shall  in  any  way  change  the  name  of  such  vessel,  or  by  any 
device,  advertisement,  or  contrivance  deceive  or  attempt  to  deceive  the 


*  In  every  case  in  which  a  vessel  is  required  to  be  registered  auew,  if  her  former 
certificate  of  ref^istry  is  not  delivered  up  or  accounted  for,  the  owner  is  liable  to  a 
penalty  of  five  hiiudied  dollars. 

t Commerce  and  Navi<iatiou. 

t  See  sec.  41.'>3,  last  clause,  page  12. 

^  Home  port:  Home  port  aud  hailing  place  are  synonymous  terms;  the  former  offi- 
cial, the  latter  popular.  The  statute  defines  the  thing  without  naming  it.  The  home 
port  of  a  vessel  is  that  to  which  it  belongs  to  issue  her  license  and  enrollment.  (See 
Decisions -269(5,  March  7,  lrt7(5;  2H2'.),  May  27,  187(i.) 

Home  port  of  corporalion  vessel:  It.  seems  that  the  home  i^ortof  a  vessel  owned  by  a 
corporation  is  tbe  port  within  the  same  collection  district  nearest  to  the  principal 
office  of  the  corporation.     (See  page  26.) 

On  purchase  away  from  home  district :  It  a  citizen  becomes  owner  of  a  vessel  entitled 
to  be  registered,  and  the  vessel  be  in  a  district  other  than  that  of  his  usual  residence, 
the  vessel  may  be  registered  by  the  collector  of  the  district  in  which  the  vessel  may 
be  at  the  time  of  his  acquiring  ownership,  aud  the  owner  may  at  his  option  take  the 
oath  before  that  collector  or  the  collector  of  the  district  in  wbich  he  so  resides.  The 
certificate  of  registry  must  be  surrendered  on  the  arrival  of  the  vessel  in  her  home 
district,  under  penalty  of  one  hundred  dollars,  severally  upon  the  owner  and  the 
master,  and  the  voidaiice  of  the  register.  The  collector  who  receives  the  surrender 
must  forthwith  forward  the  certificate  of  registry  to  the  collector  who  granted  it. 
(Revised  Statutes,  H  4159  aud  4160.) 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  19 

public,  or  any  officer  or  a^eiit  of  the  United  States,  or  of  any  State,  or 
any  corporation  or  agent  thereof,  or  any  person  or  i)ersons,  as  to  tlie 
true  name  or  character  of  such  vessel,  on  paiu  of  the  forfeiture  of  such 
vessel. 

Skc.  4180.  Every  vessel  built  in  the  United  States,  and  belonging 
wholly  or  in  part  to  the  subjects  of  foreijjn  i)owers,  in  order  to  be  en- 
titU^l  to  the  benefits  of  a  ship  built  and  recorded  in  the  United  States, 
shall  be  recorded  in  the  office  of  the  collector  of  the  district  in  which 
such  vessel  was  built,  in  the  manner  following:  The  builder  of  every 
such  vessel  shall  make  oath  before  the  collector  of  such  district  in  man- 
ner following:  "I,  (inserting  here  the  name  of  such  builder),  of  (insert- 
ir.g  here  the  place  of  his  residence),  shipwright,  do  swear  (or  affirm) 
that  (describing  here  the  kind  of  vessel,  as  whetlier  shij),  brig,  snow, 
schooner,  sloop,  or  whatever  else)  named  (inserting  here  the  name  of 
the  sliip  or  vessel),  having  (inserting  here  the  number  of  decks),  and 
being  in  length  (inserting  liere  the  number  of  feet),  in  breadth  (insert- 
ing here  the  number  of  feet),  in  depth  (inserting  here  the  number  of 
feet),  and  measuring  (inserting  here  the  number  of  tons),  having  (speci- 
fying whether  any  or  \)o)  gallery,  and  (also  specifying  wliether  any  or 
no)  liead,  was  built  by  nie  or  under  my  direction  at  (naming  the  ])lace, 
county,  and  State),  in  the  United  States,  in  the  year  (inserting  here  the 
number  of  the  year)."  Which  oath  shall  be  subscril)ed  by  the  person 
uuiking  the  same,  and  shall  be  recorded  in  a  book  to  be  kei)t  by  the 
collector  for  that  purpose. 

Sec.  4181.  The  collector  shall  cause  the  vessel  so  built  to  be  surveyed 
or  measured,  and  the  person  by  whom  such  measurement  is  made  shall 
grant  a  certificate  thereof,  as  in  the  case  of  a  vessel  to  be  registered, 
which  certificate  shall  be  countersigned  by  the  builder,  and  by  an  owner 
or  the  master  or  person  having  the  command  or  charge  thereof,  or  bj 
some  other  i)erson  being  an  agent  for  the  owner  thereof,  in  testimony 
of  the  truth  of  the  particulars  therein  contained. 

Sec.  4182.  A  certificate  of  the  record,  attested  under  the  hand  and 
seal  of  the  collector,  shall  be  granted  to  the  master  of  every  such  vessel, 
as  nearly  as  may  be,  of  the  form  following:  ''  In  pursuance  of  chapter 
one,  Title  XLVill, ''Regulation  OF  Commerce  and  Navigation," 
of  the  Kevised  Statutes  of  the  United  States,  I,  (insei-fing  here  the  name 
of  the  collector  of  the  district),  of  (inserting  here  tlie  name  of  the  dis- 
trict), in  the  United  States,  do  certify  that  (inserting  here  the  name  of 
the  builder),  of  (inserting  here  the  i)lace  of  his  residence,  county,  and 
State),  having  sworn  (or  jiffirmed)  tliat  the  (describing  tlie  ship  or  ves- 
sel, as  in  the  certificate  of  record)  named  (inserting  here  her  name), 
whereof  (inserting- here  the  name  of  the  master)  is,  at  ])resent,  master, 
was  built  at  (inserting  here  the  luime  of  the  ]>Iaee,  (;ounty,  and  State 
where  built),  l>y  him  or  under  his  direction,  in  the  year  (insnting  here 
the  number  of  the  year);  and  (inserfing  here  the  name  of  the  surveyor, 
or  other  person,  by  whom  the  measurenxMit  shall  have  been  made)  hav- 
ing certified  that  the  said  ship  or  vessel  has  (inserting  here  her  number 
of  decks),  is  in  length  (inserting  here  the  number  of  feet),  in  breadth 
(inserting  here  the  number  of  feet),  in  depth  (inserting  here  the  number 
of  feet),  and  measures  (inserting  hei'e  the  nurn!)er  of  tons):  And  the 
said  builder  and  (naming  and  (lescribing  tlie  owner,  or  master,  or  agent 
for  the  owner  or  owners,  as  the  case  may  be,  by  whom  the  said  cer- 
tificate shall  have  been  countersigned)  having  agreed  to  the  said  de- 
scription and  admeasurement,  the  said  vessel  has  been  recorded,  in  the 
district  of  (inserting  here  the  name  of  the  district  where  record<'d),  in 
the  United  States.     Witness  my  hand  and  seal  this  (inserting  here  the 


20  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

day  of  the  month)  day  of  (inserting  here  the  name  of  the  mouth),  in  the 
year  (inserting  here  the  number  of  the  year)."  Which  certificate  shall 
be  recorded  in  the  office  of  the  collector,  and  a  duplicate  thereof  trans- 
mitted to  the  Register  of  the  Treasury  to  be  recorded  in  his  office. 

Sec.  4183.  Whenever  the  master  or  the  name  of  a  vessel  so  re- 
corded is  changed,  the  owner,  part  owner,  or  consignee  of  such  vessel 
shall  cause  a  memorandum  thereof  to  be  indorsed  on  the  certificate  of 
the  record,  by  the  collector  of  the  district  where  such  vessel  may  be,  or 
at  which  she  shall  first  arrive  if  such  change  took  place  in  a  foreign 
country;  and  a  copy  thereof  shall  be  entered  in  the  book  of  records,  a 
transcript  whereof  shall  be  transmitted  by  the  collector  to  the  collector 
of  the  district  where  such  certificate  was  granted,  if  not  the  same  per- 
son, who  shall  enter  the  same  in  his  book  of  records,  and  forward  a 
duplicate  of  such  entry  to  the  Eegister  of  the  Treasury ;  and  in  such 
case,  until  the  owner,  j)art  owner,  or  consignee  shall  cause  the  mem- 
orandum to  be  made  by  the  collector,  in  the  manner  above  prescribed, 
such  vessel  shall  not  he  deemed  a  vessel  recorded,  in  pursuance  of  this 
Title. 

Sec.  4184.  The  master  or  other  person  having  the  command  or  charge 
of  any  vessel,  recorded  in  pursuance  of  this  Title,  shall,  on  entry  of 
such  vessel,  produce  the  certificate  of  such  record  to  the  collector  of  the 
district  where  she  is  so  entered  ;  and  in  default  thereof  the  vessel  shall 
not  be  entitled  to  the  privileges  of  a  recorded  vessel. 

*  Sec.  4185.  The  fees  to  be  allowed  and  paid  to  collectors  for  services 
pertaining  to  the  registry  or  record  of  vessels  shall  be  as  follows:  For 
each  certificate  of  registry  or  record,  two  dollars  ;  for  each  indorsement 
upon  a  certificate  of  registry  or  record,  one  dollar ;  and  for  taking  any 
bond  required  by  this  Title,  twenty-five  cents. 

Sec.  4186.  The  fees  to  be  allowed  and  paid  to  surveyors  shall  be  as 
follows  :  For  the  admeasurement  and  certifying  the  same,  of  auy^  vessel 
of  one  hundred  tons  and  under,  one  cent  per  ton ;  for  the  admeasure- 
ment of  any  vessel  above  one  hundred  tons  and  not  exceeding  two  hun- 
dred tons,  one  dollar  and  fifty  cents ;  for  the  admeasurement  of  any 
vessel  above  two  hundred  tons,  two  dollars  ;  for  all  other  services  to  be 
performed  by  such  surveyor,  on  board  any  vessel  of  one  hundred  tons  or 
upward,  having  on  board  goods,  wares,  or  merchandise  subject  to  duty, 
three  dollars  ;  for  the  like  services  on  board  any  vessel  of  less  than  one 
hundred  tons  burden,  having  on  board  goods,  wares,  or  merchandise 
subject  to  duty,  one  and  a  half  dollars ;  on  all  vessels  not  having  on 
board  goods,  wares,  or  merchandise  subject  to  duty,  two-thirds  of  a  dol- 
lar. All  such  fees  shall  be  paid  by  the  master  or  owner  of  the  vessel  in 
which  the  services  shall  be  performed  to  the  surveyor  by  whom  they 
shall  be  performed,  if  performed  by  one  oulj^,  for  his  sole  benefit ;  but  if 
performed  by  more  than  one,  to  him  who  shall  have  the  first  agency,  to  be 
divided  in  equal  parts  between  him  and  the  other  or  others  by  whom  the 
services  shall  also  be  performed.  But  the  charge  for  the  measurement 
of  tonnage  and  certifying  the  same  shall  not  exceed  the  sum  of  one  dol- 
lar and  fifty  cents  for  each  transverse  section  under  the  tonnage-deck ; 
and  the  sum  of  three  dollars  for  measuring  each  between  decks  above 
the  tonnage-deck  ;  and  the  sum  of  one  dollar  and  fifty  cents  for  each 
poop,  or  closed-in  space  available  for  cargo  or  stores,  or  for  the  berthing 
or  accommodation  of  passengers,  or  officers  and  crew,  above  the  upper 
or  spar  deck. 

*  Recorded  vessels :  A  vessel  built  in  the  United  States  but  not  yet  documented,  be- 
longing wholly  or  in  part  to  a  subject  of  a  foreign  power,  cannot  obtain  marine  doc- 
uments of  the  United  States,  because  of  her  foreign  ownership  ;  but  whenever  she 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  21 

Sec.  4187.  Every  collector  or  officer  who  knowingly  makes,  or  is  con- 
cerned in  making,  any  false  register  or  record,  or  who  knowingly  grants 
or  is  concerned  in  granting,  any  false  certificate  of  registry  or  record  of 
or  for  any  vessel,  or  any  other  false  document  whatever  touching  the 
same,  contrary  to  the  true  intent  and  meaning  of  this  Title,  or  who 
designedly  takes  any  other  or  greater  fees  than  are  by  this  Title  allowed, 
or  who  receives  any  voluntary  reward  or  gratuity  for  any  of  the  services 
performed,  pursuant  thereto ;  and  every  surveyor  or  other  person  ap- 
pointed to  measure  any  vessel,  who  willfully  delivers  to  any  collector  or 
naval  officer  a  false  description  of  such  vessel,  to  be  registered  or  re- 
corded, shall  be  punishable  by  a  fine  of  one  thousand  dollars,  and  be 
rendered  incapable  of  serving  in  any  office  of  trust  or  profit  under  the 
United  States. 

Sec.  4188.  If  any  person  authorized  and  required  by  this  Title  to  per- 
form, as  an  officer,  any  act  or  thing,  willfully  neglects  to  do  or  perform 
the  same,  according  to  the  true  intent  and  meaning  of  this  Title,  he 
shall,  if  not  subject  to  the  penalty  and  disqualification  prescribed  in  the 
preceding  section,  be  punishable  by  a  fine  of  five  hundred  dollars  for 
the  first  offense,  and  by  a  like  fine  for  the  second  offense,  and  shall 
thenceforth  be  rendered  incapable  of  holding  any  office  of  trust  or  profit 
under  the  United  States. 

Sec.  4189.  Whenever  any  certificate  of  registry,  enrollment,  or  license, 
or  other  record  or  document  granted  in  lieu  thereof,  to  any  vessel,  is 
knowingly  and  fraudulently  obtained  or  used  for  any  vessel  not  entitled 
to  the  benefit  thereof,  such  vessel,  with  her  tackle,  apparel,  and  furni- 
ture, shall  be  liable  to  forfeiture. 

Sec.  4190.  No  sea-letter  or  other  document  certifying  or  proving  any 
vessel  to  be  the  property'  of  a  citizen  of  the  United  States  shall  be  issued, 
except  to  vessels  duly  registered,  or  enrolled  and  licensed  as  vessels  of 
the  United  States,  or  to  vessels  which  shall  be  wholly  owned  by  citizens 
of  the  United  States,  and  furnished  with  or  entitled  to  sea-letters  or 
other  custom-house  docuoieuts. 

Sec.  4191.  Every  person  who  knowingly  makes,  utters,  or  publishes 
any  false  sea-letter,  Mediterranean  passport,  or  certificate  of  registry,  or 
who  knowingly  avails  himself  of  any  such  Mediterranean  passport,  sea- 
letter,  or  certificate  of  registry,  shall  be  liable  to  a  penalty  of  not  more 
than  live  thousand  dollars,  and,  if  an  officer  of  the  United  States,  shall 
thenceforth  be  incapable  of  holding  au^^  office  of  trust  or  profit  under 
the  authority'  of  the  United  States. 

Sec.  4192.  No.  bill  of  sale,  mortgage,  hypothecation,  or  conveyance  of 
any  vessel,  or  part  of  any  vessel,  of  the  United  States,  shall  be  valid 
against  anj-  person  other  than  the  grantor  or  mortgagor,  his  heirs  and 
devisees,  and  persons  having  a(;tual  notice  thereof,  uidess  such  bill  of 
sale,  mortgage,  hypothecation,  or  conveyance  is  recorded  in  the  office  of 
the  collector  of  tlie  customs  where  such  vessel  is  registered  or  enrolled. 

shall  have  passed  entriely  into  ownership  of  citizens  of  the  United  States,  she  be- 
comes untitled  to  documenting  as  a  vessel  of  the  United  States,  provided  the  steps 
necessary  to  constitute  lier  a  "recorded"  vessel  have  been  observed.  The  builder 
must  make  oath  of  the  facts  before  the  collector  of  the  district  iu  which  the  vessel 
was  built,. and  must  countersign  the  custom-house  certiticate  of  measurement.  The 
latter  must  also  be  countersigned  by  an  owner  or  his  authorized  agent,  or  bj'  the 
master.  The  collector  must  thereupon  issue  a  certificate  of  record,  keeping  a  copy 
thereof  in  a  book.  A  memorandum  of  every  chaTige  of  master  or  of  the  name  of  the 
vessel  must  be  indorsed  upon  the  certificate  of  record  by  the  collector  of  the  dis- 
trict where  the  vessel  may  be  at  the  time  of  the  change,  or  into  which  she  shall  first 
arrive.  Upon  the  entrance  of  the  vessel  the  certificate  of  record  must  be  produced 
to  the  collector  of  the  district. 


22  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Tlie  lieu  by  bottomry  ou  any  vessel,  created  during  her  voyage,  by  a 
loan  of  money  or  materials  necessary  to  repair  or  enable  ber  to  prose- 
cute a  voyage,  sball  not,  however,  lose  its  priority,  or  be  in  any  way 
aflected  by  the  provisions  of  this  section. 

*  Sec.  4193.  The  collectors  of  the  customs  shall  record  all  such  bills  of 
sale,  mortgages,  hypothecations,  or  conveyances,  and,  also,  all  cerliti- 
cates  for  discharging  and  canceling  any  such  conveyances,  in  books  to 
be  kept  for  that  purpose,  in  the  order  of  their  reception ;  noting  in  such 
books,  and  also  on  the  bill  of  sale,  mortgage,  hypothecation,  or  convey- 
ance, the  time  when  the  same  was  received;  and  shall  certify  ou  the 
bill  of  sale,  mortgage,  hypothecation,  or  conveyance,  or  certiticate  of 
discharge  or  cancellation,  the  number  of  the  book  and  page  where  re- 
corded; and  shall  receive,  for  so  recording  snch  instrument  of  convey- 
ance or  certificate  of  discharge,  fifty  cents;  but  no  bill  of  sale,  mortgage, 
hypothecation,  conveyance,  or  discharge  of  mortgage  or  other  incum- 
brance of  any  vessel,  shall  be  recorded,  unless  the  same  is  duly  acknowl- 
edged before  a  uotary  public  or  other  officer  authorized  to  take  acknowl- 
edgment of  deeds. 

Sec.  4194.  The  collectors  of  the  customs  shall  keep  an  index  of  such 
records,  inserting  alphabetically  the  names  of  the  vendor  or  mortgagor, 
and  of  the  purchaser  or  mortgagee,  and  shall  permit  such  index  aud 
books  of  records  to  be  inspected  during  office-hours,  under  such  reason- 
able regulations  as  they  may  establish,  and  shall,  when  required,  furnish 
to  any  person  a  certificate,  setting  forth  the  names  of  the  owners  of  any 
vessel  registered  or  enrolled,  the  parts  or  proportions  owned  by  each, 
if  inserted  in  the  register  or  enrollment,  and  also  the  material  facts  of 

*  Recording  hills,  mortgages,  cf-c.  ;  Bills  of  sale  and  mortgages  are  invalicl  against  sub- 
nequent  grantees  or  mortgagees,  who  have  no  actna]  notice,  unless  the  bill  of  sale  be 
recorded.  The  record  should  be  at  the  home  port ;  that  is,  the  port  to  which  it  be- 
longs to  grant  permanent  marine  documents. 

Foreign-built  vessels  owned  by  citizens :  The  Treasury  Department  has  authorized  a 
certain  undefined  recognition  of  vessels  which  are  not  entitled  to  marine  documents, 
although  they  belong  wholly  to  citizens  of  the  United  States,  so  that  they  may  have 
"the  protection  of  the  authorities  and  flag  of  the  United  States,  as  the  property  of 
American  citizens."  The  regulations  on  the  subject  were  promulgated  before  the 
enactment  of  the  Revised  Statutes  (to  section  4190  of  which  attention  has  been 
called),  and  while  the  limitation  clause  of  Chapter  XIX,  act  March  26,  1810,  to  ves- 
sels which  might  ou  the  30th  of  June,  1810,  by  previous  usage,  be  entitled  to  sea 
letters,  without  being  qualified  to  have  marine  documents,  was  of  unquestioned  force. 
As  they  could  not  have  marine  documents  nor  sea  letters,  it  is  not  apparent  under 
what  documents  they  could  be  navigated.  The  passport  was  designed  to  be  in  aid  of 
marine  documents,  not  as  a  substitute  for  them.  It  must  have  beeu  contemplated 
that  they  would  sail  under  marine  documents  granted  by  the  authorities  of  some 
other  nation  ;  but  the  use  of  the  United  States  flag  in  such  cases  would  be  inappro- 
priate;  although  there  would  be  no  inconsistency  in  giving  protection  of  United 
States  authorities  to  the  vessels  as  property  of  citizens  of  the  United  States.  The 
regulations  of  1874  upon  the  subject  are  as  follows  : 

Akt.  93.  Foreign-built  vessels  purchased  aud  wholly  owned  by  citizens  of  the 
United  States,  whether  purchased  by  belligerents  or  neutrals  during  a  war  to  which 
the  United  States  are  not  a  party,  or  in  peace,  of  foreign  owners,  are  entitled  to  the 
protection  of  the  authorities  aud  flag  of  the  United  States,  as  the  property  of  Amer- 
ican citizens,  although  no  register,  enrollment,  license,  or  other  marine  document, 
prescribed  by  the  laws  of  the  United  States,  can  be  lawfully  issued  to  such  vessels. 

Art.  94.  To  enable,  however,  the  owners  of  a  vessel  so  circumstanced  to  protect 
their  rights,  if  molested  or  questioned,  the  collector  of  the  customs,  though  forbidden 
by  law  to  grant  any  marine  document  or  certificate  of  ownership,  may  lawfully 
make  record  of  the  bill  of  sale  in  his  ofBce,  authenticate  its  validity  in  form  and  sub- 
stance, aud  deliver  to  the  owner  a  ceitificate  to  that  efiect;  certifying,  also,  that  the 
owner  is  a  citizen  of  the  United  States.  These  facts,  thus  authenticated,  if  the  trans- 
fer was  in  good  fiiith,  entitle  the  vessel  to  protection  as  the  lawful  property  of  a  citi- 
zen of  the  United  States;  and  the  authentication  of  the  bill  of  sale  and  of  citizenship 
■will  be  prima  facie  proof  of  such  good  faith. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES,  23 

any  existing  bill  of  sale,  niortgnge,  liypotUecation,  or  otlieriucuiubraiice 
upon  such  vessel,  reconled  since  the  issuinir  of  the  last  register  or  enroll- 
ment, viz,  the  (late,  amount  of  sncli  incunibrauee,  and  from  and  to  whom 
or  in  whose  favor  made.  The  collector  shall  receive  for  each  such  cer- 
tificate one  dollar. 

Skc.  4193.  The  collectors  of  the  customs  shall  furnish  certified  copies 
of  such  records,  on  the  receipt  of  fifty  cents  lor  each  bdl  of  sale,  mort- 
gage, or  other  conveyance. 

Sec.  4190.  All  bills  of  sale  of  vessels  registered  or  enrolled,  shall  set 
forth  the  jtart  oi  the  vessel  owned  by  each  person  selling,  and  the  part 
conveyed  to  each  person  purchasing. 


Chap.  10(i.— Au  act  to  auieiid  the  act  eutitkd  "An  act  iclating  to  the  enrolhuent 
ami  license  of  certain  vessels." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  the  piovisions  of  the  act 
relating  to  the  enrollment  and  license  of  vessels  navigating  the  western 
rivers  and  the  waters  on  the  northern,  northeastern,  and  northwestern 
frontiers  of  the  United  States,  otherwise  than  by  sea,  approved  Febru- 
ary twenty-eighth,  eighteen  hundred  and  sixty -five,  are  hereby  extended 
to  include  all  vessels  of  the  United  States  navigating  the  waters  of  the 
United  States. 

Ajiproved,  Ai)ril  17,  1S74. 


t  Chap.  110. — An  act  lo  amend  the  act  entitled  "An  act  for  enrolling  and  licensing  ships 
or  vessels  to  be  employed  in  the  coasting  trade  and  fisheries,  and  for  regulating  the 
same,"  passed  February  eighteen,  seventeen  hundred  and  ninety-three. 

Be  it  enacted  by  the  Senate  and  Rouse  of  Representatives  of  the  United 
States  of  America  in  Congress;  assembled,  That  the  act  to  which  this  is  a 
sui^plement  shall  not  be  so  construed  as  to  extend  the  i^rovisions  of 
the  said  act  to  canal  boats  or  boats  employed  on  the  internal  waters  or 
canals  of  any  State ;  and  all  such  boats,  excepting  only  such  as  are 


*  A  majority  in  interest  of  the  owners  may  appoint  or  remove  the  master  of  a 
vessel.  A  change  of  master  of  a  vessel  must  be  reported  to  the  collector  of  customs, 
and  an  oath  of  citizenship  be  taken  by  the  new  master,  and  an  indorsement  of  the 
change  nnide  upon  the  register. 

Change  of  master  :  Any  person  or  body  corporate  having  more  than  one-half  owner- 
ship otany  vessel  shall  have  the  same  power  to  remove  a  master  who  is  also  part 
owner  of  such  vessel  as  such  majority  of  owners  have  to  remove  a  master  who  is  not 
an  owner.  This  section  not  to  apply  where  there  is  a  valid  written  agreement  sub- 
sisting by  virtue  of  which  su^h  master  would  be  entitled  to  possession,  nor  in  case 
where  a  master  has  possesoion  as  part  owner,  obtained  before  the  19tli  day  of  April. 
1872.     (Sec.  42.^)0.) 

Chan  (je  of  ma>itcr  abroad  :  "Cases  have  occurred  in  which  consular  ofMcers  have, 
with  the  subsequent  ai)pioval  of  the  Department  of  State,  removed  masters  of  ves- 
sels and  appointed  others  in  their  places  to  complete  the  voyage.  The  exercise  of 
this  extreme  power  has  been  deemed  to  be  justified  by  the  gross  incompetency  of  the 
master,  endangering  the  lives  of  the  passengers  and  crew;  his  misconduct,  or  collusion 
with  others  to  the  serious  injury  of  the  owners  or  insurers;  or  when  he  has  been 
guilty  of  flagrant  tyranny  toward  the  passengers  or  crow.  In  other  instances  the  in- 
sanity or  ]iermUuently  disabling  illness  of  the  master  has  called  for  his  removal.  The 
gravity  of  the  [troceedings  will  suggest  to  the  consular  officer  that  they  should  be 
takeu  only  after  careful  deliberation  and  for  good  and  sufficient  cause,  and  that  they 
should  be  promptly  and  fully  reported  to  tiie  Department."  (Regulations  for  the 
Consular  Service,  1861,  ^  214.) 

tNo  canal- boat,  without  masts  or  steam-power,  which  is  required  to  be  registered, 
licensed,  or  enrolled  and  liceused,  shall  be  subject  to  be  libeled  in  any  of  the  United 
States  courts  for  the  wages  of  any  person  who  may  be  employed  on  board  thereof,  or 
in  navigating  the  same.     (Sec.  4251.) 


24  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

provided  with  sails  or  propelliug-  macliiuery  of  their  own  adapted  to 
lake  or  coastwise  navigation,  and  exce])tiug  such  as  are  employed  in 
trade  with  the  Canadas,  shall  be  exempt  from  the  provisions  of  the  said 
act,  and  from  the  payment  of  all  customs  and  other  fees  under  any  act 
of  Congress.* 

Approved,  April  18,  1874. 

Chap.  467. — An  act  to  authorize  the  use  of  gilt  letters  for  the  uames  of  vessels. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  section  three  of  the  act 
entitled  "An  act  concerning  the  registering  and  recording  of  ships  and 
vessels."  approved  December  thirty-first,  seventeen  hundred  and  ninety- 
two,  is  hereby  so  amended  as  to  al'ow  the  name  of  any  vessel  to  be 
painted  upon  her  stern  in  yellow  or  gilt  letters. 

Approved,  June  23,  1874. 


Chap.  54. — An  act  relating  to  vessels  not  propelled  by  sail  or  internal  motive  power  of 
their  own  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  provisions  of  title  fifty 
of  the  Kevised  Statutes  of  the  United  States  shall  not  be  so  construed 
as  to  require  the  payment  of  any  fee  or  charge  for  the  enrolling  or 
licensing  of  vessels,  built  in  the  United  States  and  owned  by  citizens 
thereof,  not  propelled  by  sail  or  by  internal  motive  power  of  their  own, 
and  not  in  any  case  carrying  i)asseugers,  whether  navigating  the  in- 
ternal waters  of  a  state  or  the  navigable  waters  of  the  United  States, 
and  not  engaged  in  trade  with  contiguous  foreign  territory,  nor  shall 
this  or  any  existing  law  becoustrucd  to  require  the  enrolling,  registering 
or  licensing  of  any  flat  boat,  barge  or  like  craft  for  the  carriage  of  freight, 
not  propelled  by  sail  or  by  internal  motive  power  of  its  own,  on  the 
rivers  or  lakes  of  the  United  States. 

Approved,  June  30,  1879. 


Chap.  107. — An  act  to  authorize  the  Secretary  of  the  Treasury  to  change  the  name  of 
vessels  under  certain  circumstances. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  Secretary  of  the  Treas- 
ury be,  and  hereby  is,  authorized  to  permit  the  owner  or  owners  of  any 
vessel  duly  enrolled  and  found  seaworthy  and  free  from  debt  to  change 
the  name  of  the  same  when  in  his  opinion  there  shall  be  sufficient  cause 
for  so  doing. 

Sec  2.  That  the  Secretary  of  the  Treasury  shall  establish  such  rules 
and  regulations  and  i)rocure  such  evidence  as  to  the  age,  condition, 
where  built,  and  pecuniary  liability  of  the  vessel  as  he  maj^  deem  neces- 
sary to  prevent  injury  to  public  or  private  interests:  and  when  permis- 
sion is  granted  by  the  Secretary  he  shall  cause  the  order  for  the  change 
of  name  to  be  published  at  least  in  four  issues  in  some  daily  or  weekly 

*  The  act  of  April,  1874,  chap.  110,  does  not  exempt  from  the  license  required  by 
Sec.  4371,  K.  S.,  a  vessel  of  more  than  live  tons  burden  answering  to  the  description 
of  a  canal  boat  which  is  engaged  in  trade  between  difterent  ports  or  districts  on  navi- 
gable waters  of  the  United  States,  and  which  has  never  been  used  on  a  canal,  was 
not  intended  to  be  used  there,  and  does  not  in  its  present  employment  enter  a  canal. 
Opinion  of  Oct.  19,  1875,  to  that  extent  overruled.  {Opinion  of  Attorneii-Geveral,  Jan. 
13,  1879.)  It  is  the  use  made  of  the  vessel,  not  its  mechanical  structure,  which  deter- 
mines whether  it  is  or  not  entitled  to  exemption  allowed  by  the  act.     (Ibid.) 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  25 

paper  at  the  i)lace  of  register;  and  the  cost  of  procuring  evidence  and 
advertisii]g  the  change  of  name  to  be  paid  by  the  person  or  persons  de- 
siring such  change  ot  name. 
Approved,  March  2, 1881. 


Chap.  398.— An  act  to  provide  for  deductious  from  the  gi-oss  tonnage  of  vessels  of  the 
United  States. 

Be  it  enacted  by  the  Senate  anxl  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  section  forty-one  hundred 
and  fii'ty-three  of  the  Eevised  Statutes  of  the  United  States  be  amended 
by  inserting  before  the  last  paragraph  thereof  the  following  words  : 

"That  from  the  gross  tonnage  of  every  vessel  of  the  United  States 
there  shall  be  deducted  the  tonnage  of  the  spaces  or  compartments  oc- 
cupied by  or  appropriated  to  the  nse  of  the  crew  of  the  vessel,  but  the 
deduction  for  crew-space  shall  not,  in  any  case,  exceed  five  per  centum 
of  the  gross  tonnage.  And  in  every  such  vessel  propelled  by  steam  or 
other  power  requiring  engine-room,  there  shall  also  be  deducted  from 
the  gross  tonnage  of  the  vessel  the  tonnage  of  the  space  or  spaces  actu- 
ally occupied  by  or  required  to  be  inclosed  for  the  proper  working  of 
the  boilers  and  machinery,  including  the  shaft  trunk  or  alley  in  screw- 
steamers,  with  the  addition  in  the  case  of  vessels  propelled  with  paddle- 
wheels  of  fifty-per  centum,  and  in  the  case  of  vessels  propelled  by 
screws  of  seventy-five  per  centum  of  the  tonnage  of  such  space,  but  in 
no  case  shall  the  deductions  from  the  gross  tonnage  exceed  fifty  per 
centum  of  such  tonnage  ;  and  the  proper  deductious  from  the  gross  ton- 
nagehaviug  been  made,theremainder  shall  bedeemed  the  net  or  register 
tonnage  of  such  vessels." 

"  That  the  register  or  other  official  certificate  of  the  tonnage  or  na- 
tionality of  a  vessel  of  the  United  States  in  addition  to  what  is  now  re- 
quired by  law  to  be  expressed  therein,  shall  state  separately  the  deduc- 
tions made  from  the  gross  tonnage,  and  shall  also  state  the  net  or  regis- 
ter tonnage  of  the  vessel.  But  the  outstanding  registers  or  enrollments 
of  vessels  of  the  United  States  shall  not  be  rendered  void  by  the  ad- 
dition of  such  new  statement  of  her  tonnage,  unless  voluntarily  surren- 
dered, but  the  same  may  be  added  to  the  outstanding  document,  or  by 
an  appendix  thereto,  with  a  certificate  of  a  collector  of  customs  that  the 
original  estimate  of  tonnage  is  amended." 

Sec.  2.  That  section  forty-one  hundred  and  fifty-four  of  the  Revised 
Statutes  be,  and  hereby  is,  repealed,  and  instead  thereof  the  following 
is  substituted,  to  wit : 

"  Sec.  •4151.  Whenever  it  is  made  to  appear  to  the  Secretary  of  the 
Treasury  that  the  rules  concerning  the  measuiement  for  tonr.age  of  ves- 
sels of  the  United  States  have  been  substantially  adopted  by  the  gov- 
ernment of  any  tbreign  countiy,  he  may  direct  that  the  vessels  of  such 
foreign  country  be  deemed  to  be  of  the'tonnage  denoted  in  their  certifi- 
cates of  register  or  other  national  i)ai)ers,  and  thereupon  it  shall  not  be 
necessary  tor  such  vessels  to  be  remeasured  at  any  i)ort  in  the  United 
States;  and  when  it  shall  be  necessary  to  ascertain  the  tonnage  of  any 
vessel  not  a  vessel  of  the  United  States,  the  said  tonnage  shall  be  as- 
certained in  the  manner  provided  by  law  for  the  measurement  of  ves- 
sels of  the  United  States." 

Sec.  3.  That  the  Secretary  of  the  Treasury  is  authorized  and  di- 
rected to  make  all  needful  regulations  to  carry  into  effect  the  provisions 


26  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

of  this  act,  and  lie  shall  establish  and  promulgate  a  proj)er  scale  of  fees 
to  be  paid  for  the  leadmeasurenieiit  of  the  spaces  to  be  deducted  from, 
the  gross  tonnage  of  a  vessel,  on  the  basis  of  tiie  last  sentence  of  section 
forty-one  hundred  and  eighty  six  of  the  Revised  Statutes,  beginning 
with  the  words  "But  the  charge  for  the  measurement." 
Approved,  August  5,  1882. 


Chap.  228. — Au  act  to  amend  sections  forty-tbree  hundred  and  eighty-one  and  forty- 
three  hundred  and  eighty-two  of  the  Revised  Statutes  of  the  United  States,  rela- 
tive to  fees  levied  and  collected  from  the  owners  and  masters  of  vessels  in  doraestio 
commerce. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  paragraphs  numbertd  six 
and  s<^ven,  respectively,  of  section  numbered  forty-three  hundred  and 
eighty  one  be,  and  the  same  are  hereby,  severally  amended  so  as  to  read 
as  follows : 

"Sixth,  For  certifviug  manifests  and  granting  a  permit  for  a  licensed 
vessel  to  proceed  from  district  to  <  istrict,  ten  cents." 

"  Seventh.  For  receiving  a  certified  manifest  and  granting  a  permit 
on  the  arrival  of  such  licensed  vessel,  ten  cents." 

Sec.  2.  That  paragraphs  numbered  six  and  eight,  respectively,  of 
sections  numbered  forty-three  hundred  and  eighty-two  of  the  Revised 
Statutes  of  the  United  States,  be*  and  the  same  are  hereby,  severally 
amended  so  as  to  read  as  follows : 

"Sixth.  For  certifying  manifest,  including  master's  oath,  and  grant- 
ing permit  for  vessel  to  go  from  district  to  district,  ten  cents." 

"Eighth.  For  receiving  manifest,  including  master's  oath  on  arrival 
of  a  vessel  from  one  collection  district  to  another,  whether  touching  at 
foreign,  intermediate  ports  or  not,  ten  cents." 

Sec.  3.  That  paragraphs  numbered  seven  and  nine  respectively,  of 
section  forty  three  hundred  and  eighty-two  of  the  Revised  Statutes  of 
the  United  States,  be,  and  the  same  are  hereby,  repealed. 

Approved,  July  5,  1884. 


MEANING   OF   THE   WORD    "PORT." 

Sec.  21.  That  the  word  "port,"  as  used  in  sections  forty-one  hundred 
and  seventy-eight  and  forty-three  hundred  and  thirty-four  of  tiie  Re- 
vised Statutes,  in  reference  to  painting  the  name  and  i)ort  of  every  reg- 
istered or  licensed  vessel  on  the  stern  of  such  vessel,  shall  be  construed 
to  mean  either  the  port  where  the  vessel  is  registered  or  enrolled,  or 
the  place  in  the  same  district  where  the  vessel  was  built  or  where  one 
or  more  of  the  owners  reside.     (Act  of  June  20,  1884.) 


OFFICERS   OF   VESSELS. 

Chap.    121. — An  act  to   remove  certain  burdens  on  the  American  merchant  marim 
and  encourage  the  American  foreign  carrying  trade  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Eeiyresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  last  clause  of  section 
forty  one  hundred  and  thirty-one  of  the  Revised  Statutes  be  amended 
so  as  to  read  as  follows: 

"All  the  officers  of  vessels  of  the  United  States  shall  be  citizens  of 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  27 

the  United  States,  except  tliat  iu  cases  where,  on  a  foreign  voyage,  or 
on  a  voyage  from  an  Athuitic  to  a  Pacific  port  of  the  United  States, 
any  snch  vessel  is  for  any  reason  deprived  of  the  services  of  an  officer 
below  the  grade  of  master,  his  phice,  or  a  vacancy  caused  by  the  pro- 
motion of  another  officer  to  snch  ))lace.  may  be  supplied  by  a  person 
not  a  citizen  of  the  United  States  until  the  first  return  of  snch  vessel  to 
its  home  port ;  and  such  vessel  shall  not  be  liable  to  any  penalty  or 
peiuil  tax  for  such  employment  of  an  alien  officer."  (Shipping  act  of 
Juue  2«,  1884.) 


TONNAGE  TO  BE  CARVED  ON  THE  MAIN  BEAM. 

Sec.  5.  That  section  forty-one  hundred  and  fifty-three  of  the  Revised 

Statutes  be  amended  by  striking  out  the  last  sentence  of  the  last  para- 
graph, and  inserting  instead  the  following:  ''In  every  vessel  documented 
as  a  vessel  of  the  United  States  the  number  denoting-  her  net  tonnage 
shall  be  deeply  carved  or  otherwise  permanently  marked  on  her  mam 
beam,  and  shall  be  so  continued :  and  if  the  number  at  any  time  cease 
to  be  continued,  such  vessel  shall  be  subject  to  a  tine  of  thirty  dollars 
on  every  arrival  in  a  port  of  the  United  States  if  she  have  not  her  ton- 
nage number  legallv  carved  or  permanently  marked."  (Act  of  June  19, 
188G.) 


FINE  FOR  NOT  CARVING  OR  MARKING  OFFICIAL  NUMBER  ON  ^^ESSEL. 

Sec.  6.  That  from  the  close  of  section  forty  one  hundred  and  seventy- 
seven  of  said  statutes  the  following  words  shall  be  stricken  out,  to  wit: 
"Such  vessel  shall  be  no  longer  recognized  as  a  vessel  of  the  United 
States;"  and  in  lieu  thereof  there  shall  be  inserted  the  words  following: 
"Such  vessel  shall  be  liable  to  a  flue  of  thirty  dollars  on  every  arrival 
in  a  i)ort  of  the  United  States  if  she  have  not  her  [)roper  official  number 
legally  carved  or  permanently  marked."     (Act  of  June  19, 188{).) 


TAX   ON    TONNAGE. 

Sec.  11.  That  section  fourteen  of  "An  act  to  remove  certain  burdens 
on  the  American  merchant  marine  and  encourage  the  American  foreign 
carrying-trade,  and  for  other  i)urposes,"  approved  June  twenty-sixth, 
eighteen  hundred  and  eighty  four,  be  amended  so  as  to  read  as  follows: 

"Sec.  14.  That  in  lieu  of  the  tax  on  tonnage  of  thirty  cents  per  ton 
per  annum  imposed  prior  to  July  first,  eighteen  hundred  and  eighty- 
four,  a  duty  of  three  cents  per  ton,  not  to  exceed  in  the  aggregate  fif- 
teen cents  per  ton  in  any  one  year,  is  hereby  imposed  at  each  entry  on 
all  vessels  which  shall  be  entered  in  any  port  of  the  United  States  from 
any  foreign  port  or  place  in  North  America,  Central  America,  the  West 
India  Islands,  the  Bahama  Islands,  the  Bermuda  Islands,  or  the  coast 
of  South  America  bordering  on  the  Caribbean  Sea,  or  the  Sandwich 
Islands,  or  Kewtoundland;  and  a  duty  of  six  cents  per  ton,  not  to  ex- 
ceed thirty  cents  j)er  ton  ])er  annum,  is  hereby  imi)osed  at  eacli  entry 
upon  all  vessels  which  shall  be  entered  in  the  United  States  from  any 
other  foreign  i)orts,  not,  however,  to  include  vessels  iu  distress  or  not 
engaged  in  trade  :  Provided,  That  the  President  of  the  United  States 
shall  suspend  the  collection  of  so  much  of  the  duty  herein  imposed,  on 


28  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

vessels  entered  from  any  foreign  port,  as  may  be  in  excess  of  the  ton- 
nage and  light-liouse  dues,  or  otlier  equivalent  tax  or  taxes,  imposed  in 
said  port  on  American  vessels  by  the  government  of  the  foreign  country 
in  Avhich  sucli  port  is  situated,  and  shall,  upon  the  passage  of  this  act, 
and  from  time  to  time  thereafter  as  often  as  it  may  become  necessary 
by  reason  of  changes  in  the  laws  of  the  foreign  countries  above  men- 
tioned, indicate  by  i^roclamation  the  ports  to  which  such  suspension 
shall  apply,  and  the  rate  or  rates  of  tonnage-duty,  if  any,  to  be  collected 
under  such  suspension  :  Provided,!  further,  That  such  proclamation  shall 
exclude  from  the  benefits  of  the  suspension  herein  authorized  the  ves- 
sels of  any  foreign  country  in  whose  ports  the  fees  or  dues  of  any  kind 
or  nature  imposed  on  vessels  of  the  United  States,  or  the  import  or  ex- 
port duties  on  their  cargoes,  are  in  excess  of  the  fees,  dues,  or  duties 
imi)osed  on  the  vessels  of  the  country  in  which  such  port  is  situated,  or 
on  the  cargoes  of  such  vessels;  and  sections  forty-two  hundred  and 
and  twenty-three  and  forty-two  hundred  and  twenty-four,  and  so  much 
of  section  forty-two  hundred  and  nineteen  of  the  Revised  Statutes  as 
conflicts  with  this  section,  are  hereby  repealed." 

Sec.  12.  That  the  President  be,  and  hereby  is,  directed  to  cause  the 
Governments  of  foreign  countries  which,  at  any  of  their  ports,  impose 
on  American  vessels  a  tonnage-tax  or  light-house  dues,  or  other  equiv- 
alent tax  or  taxes,  or  any  other  fees,  charges,  or  dues,  to  be  informed 
of  the  provisions  of  the  preceding  section,  and  invited  to  co-operate 
with  the  Government  of  the  Ujiited  States  in  abolishing  all  light-house 
dues,  tonnage-taxes,  or  other  equivalent  tax  or  taxes  on,  and  also  all 
other  fees  for  official  services  to,  the  vessels  of  the  respective  nations 
employed  in  the  trade  between  the  ports  of  such  foreign  country  and 
the  ports  of  the  United  States.     (Act  of  June  19,  188G.) 


2.— ENTRY  AND  CLEARANCE.* 

(Revised  Statutes,  Title  XLVIII,  chap.  2.) 

Sec.  4197.  The  master  or  person  having  the  charge  or  command  of 
any  vessel  bound  to  a  foreign  port,  shall  deliver  to  the  collector  of  the 
district  from  which  such  vessel  is  about  to  depart,  a  manifest  of  all  the 
cargo  on  board  the  same,  and  the  value  thereof,  by  him  subscribed,  and 
shall  swear  to  the  truth  thereof;  whereupon  the  collector  shall  grant  a 
clearance  for  such  vessel  and  her  cargo,  but  without  specifying  the  par- 
ticulars thereof  in  the  clearance,  unless  required  by  the  master  or  other 
person  having  the  charge  or  command  of  such  vessel  so  to  do.  If  any 
vessel  bound  to  a  foreign  port  dei)arts  on  her  voyage  to  such  foreign 
port  without  delivering  such  manifest  and  obtaining  a  clearance,  as 
hereby  required,  the  master  or  other  person  having  the  charge  or  com- 
mand of  such  vessel  shall  be  liable  to  a  penalty  of  five  hundred  dollars 
for  every  such  offense. 

Sec.  4198.  The  oath  to  be  taken  by  the  master  or  commander  of  the 
vessel  shall  be  as  follows: 

District  of 

I,  (insert  the  name),  master  or  commander  of  the  (insert  the  denomi- 
nation and  name  of  the  vessel),  bound  from  the  port  of  (insert  the  name 
of  the  port  or  place  sailing  from)  to  (insert  the  name  of  the  port  or  place 

*  See  sees.  4015,  5320,  aud  5321. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES. 


29 


bound  to,)  do  solemnly,  sincerelj',  and  truly  swear  (or  affirm,  as  the  case 
may  be)  that  the  manifest  of  the  cargo  on  board  the  said  (insert  denom- 
ination and  name  of  the  vessel),  now  delivered  by  me  to  the  collector  of 
this  district,  and  subscribed  with  my  name,  contains,  according  to  tlie 
best  of  my  knowledge  and  belief,  a  full,  just,  and  true  account  of  all  the 
goods,  wares,  and  merchandise  now  actually  laden  on  board  the  said  ves- 
sel, and  of  the  value  thereof 5  and  if  any  other  goods,  wares,  or  mer- 
chandise shall  be  laden  or  put  on  board  the  said  (insert  denomination 
and  name  of  vessel)  previous  to  her  sailing  from  this  port,  I  will  imme- 
diately report  the  same  to  the  said  collector.  I  do  also  swear  (or 
athrm)  that  I  verily  believe  the  duties  on  all  the  foreign  merchandise 
therein  specified  have  been  paid  or  secured,  according  to  law,  and  that 
no  part  thereof  is  intended  to  be  relanded  within  the  United  States, 
and  that  if  by  distress  or  other  unavoidable  accident  it  shall  become 
necessary  to  reland  the  same,  I  will  forthwith  make  a  just  and  true  re- 
port thereof  to  the  collector  of  the  customs  of  the  district  wherein  such 
distress  or  accident  may  happen.     So  help  me  God. 

Sec.  4109.  The  form  of  the  report  and  manifest  to  be  delivered  to  the 
collector  shall  be  as  follows: 


Report  and  manifest  of  the  cargo  laden  at  the  port  of 
the  ,  master,  bound  for 


port 


on  board 


Marks. 


Numbers. 


Packages  or  arti- 
cles in  bulk. 


Contents  or  quan- 
tities. 


Value  at  the  port 
of  exportation. 


*  Sec.  4200.  Before  a  clearance  shall  be  granted  for  any  vessel  bound 
to  a  foreign  port,  the  owners,  shii)pers,  or  consignors  of  the  cargo  ot 
such  vessel  shall  deliver  to  the  collector  manifests  of  the  cargo,  or  the 
parts  thereof  shii)ped  by  them  respectively,  and  shall  verity  the  same 
by  oath.  Such  manifests  shall  specify  the  kinds  and  quantities  of  the 
articles  shipped  respectively,  and  the  value  of  the  total  quantity  ot 
each  kind  of  articles  ;  and  the  oath  to  each  manifest  shall  state  that  it 
contains  a  full,  just,  and  true  account  of  all  articles  laden  onboard  of  such 
vessel  by  the  owners,  shippers  or  consignors,  respectively,  and  that  the 
values  of  such  articles  are  truly  stated,  according  to  their  actual  cost, 
or  the  values  which  they  truly  bear  at  the  port  and  time  of  exportation. 
And  before  a  clearance  shall  be  granted  for  any  such  vessel,  the  master 
of  that  vessel,  and  the  owners,  shippers,  and  consignors  of  the  cargo, 
shall  state,  upon  oath,  to  the  collector,  the  foreign  port  or  country  in 
which  such  cargo  is  truly  intended  to  be  landed.  The  oaths  shall  be 
taken  and  subscribed  in  writing. 

t  Sec.  4201.  The  form  of  a  clearance,  to  be  granted  to  a  ship  or  vessel 
on  her  departure  to  a  foreign  port  or  place,  shall  be  as  follows: 


District  of 

Port  of 


ss. 


These  are  to  certify  all  whom  it  doth  concern,  that 


or  commander  of  the 


burden 


,  master 
tons,  or  thereabouts,  mounted 


*See  sees.  337  (subdiv.  live),  3987,  5564,  and  5565. 

t  See  Res.  of  May  8,  1792,  Stat,  at  Large,  Vol.  I,  p.  286. 


30        NAVIGATIOX  LAWS  OF  THE  UNITED  STATES. 

with  jjnns,  iiavijyated  witb  men,  built,  and  bound  for 

.  liaviitj^-  on  board  ,  bath  here  entered  and  cleared  his  said 

vessel  according  to  law.  Given  under  our  hands  and  seals,  at  the  cus- 
tom-house of  ,  this  day  of  ,  one  thousand  ,  and 
in  the            year  of  the  Independence  of  the  United  States  of  America. 

Sec.  4202.  The  collectors  and  other  officers  of  the  customs  shall  pay 
due  regard  to  the  inspection  laws  of  the  States  in  which  they  may  re- 
spectively act,  in  such  manner  that  no  vessel  having  on  board  goods  lia- 
ble to  iiisi)oction  shall  be  cleared  until  the  master,  or  other  proper  per- 
son, shall  liave  produced  such  certificate  that  all  such  goods  have  been 
duly  insi)ectcd,  as  the  laws  of  the  respective  States  may  require  to  be 
produced  to  collectors  or  other  officers  of  the  customs. 

Sec.  4203.  All  vessels  belonging  to  the*  citizens  of  the  United  States, 
and  bound  from  any  port  in  the  United  States  to  any  foreign  port,  or 
from  any  foreign  jJort  to  any  port  in  the  United  States  shall,  before 
clearance,  receive  on  board  and  securely  convey  all  such  mails  as  the 
Post-Ortice  Department  of  the  United  States,  or  any  minister,  consul, 
or  commercial  agent  of  the  United  States  abroad  shall  offer,  and  shall 
promptly  deliver  the  same  to  the  proper  authorities,  on  arriving  at  the 
port  of  destination,  and  shall  receive  for  such  service  such  reasonable 
compeusation  as  may  be  allowed  by  law. 

Sec.  4204.  All  vessels  belonging  to  citizens  of  the  United  States,  and 
bound  from  any  port  in  the  United  States  to  any  other  port  therein,  or 
to  any  foreign  port,  or  from  any  foreign  port  to  any  port  in  the  United 
State's,  shall,  before  clearance," receive  on  board  all  such  bullion,  coin, 
United  States  notes  and  bonds  and  other  securities,  as  the  Government 
of  the  United  States  or  any  department  thereof,  or  any  minister,  con- 
sul, vice-consul,  or  comiuercial  or  other  agent  of  the  United  States 
abroad,  shall  offer,  and  shall  securely  convey  and  promptly  deliver  the 
same  to  the  proper  authorities  or  consignees,  on  arriving  at  the  port  of 
destination ;  and  shall  receive  for  such  service  such  reasonable  com- 
pensation as  may  be  allowed  to  other  carriers  in  the  ordinary  trans- 
actions of  business. 

tSEC.  4205.  Collectors  of  the  collection-districts  withiu  the  States  of 
Florida,  Alabama,  Mississippi,  and  Louisiana,  before  allowing  a  clear- 
ance to  any  vessel  laden  in  whole  or  in  part  with  live-oak  timber,  shall 
ascertain  satisfactorily  that  such  timber  was  cut  from  private  lands,  or, 
if  froiu  i)ublic  lands,  by  consent  of  the  Department  of  the  Navy. 

Sec.  4200.  I'revious  to  a  clearance  being  granted  to  any  vessel,  out- 
ward bound,  the  legal  fees  which  shall  have  accrued  on  such  vessel 
shall  be  ])aid  at  the  offices  where  such  fees  are  respectively  payable; 
and  receipts  for  the  same  shall  be  i)roduced  to  the  collector  or  other 
officer  whose  duty  it  may  be  to  grant  clearances,  before  a  clearance  is 
granted. 

Sec.  4207.  Whenever  any  clearance  is  granted  to  any  vessel  of  the 
United  States,  duly  registered  as  such,  and  bound  on  any  foreign  voy- 
age, the  collector  of  the  district  shall  annex  thereto,  in  every  case,  a 
coi)y  oi"  the  rates  or  tariffs  of  fees  which  diplomatic  and  consular  officers 
are  entitled,  by  the  regulations  prescribed  by  the  President,  to  receive 
for  their  services. 

Sec,  4208.  The  master  or  person  having  charge  or  command  of  any 
steamboat  on  Lake  Champlain,  when  going  from  the  United  States  into 

*  See  Act  of  March  2't,  18G4,  chap.  40,  sec.  1. 
t  See  sec.  2460-2463. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  31 

tlie  province  of  Quebec,  may  deliver  a  manifest  of  the  cargo  on  board, 
and  take  a  clearance  from  the  collector  of  the  district  throtifjh  which 
any  such  boat  shall  last  pass,  when  leaving  the  United  States,  without 
rejjard  to  the  place  from  which  any  such  boat  shall  have  commenced 
her  voyage,  or  where  her  cargo  shall  have  been  taken  on  board. 

Sec.  4200.  The  register,  or  other  document  in  lieu  thereof,  together 
with  the  clearance  and  other  ])apers  granted  by  the  officers  of  the  cus- 
toms to  any  foreign  vessel,  at  her  departure  from  the  port  from  which 
she  may  have  arrived,  shall,  previous  to  entry  in  any  ])ort  of  the  United 
States,  be  i)roduced  to  the  collector  with  whom  such  entry  is  to  be  made. 
It  shall  be  the  duty  of  the  master,  within  forty-eight  hours  after  such 
entry,  to  deposit  the  papers  with  the  consul  or  vice-consul  of  the  nation 
to  which  the  vessel  belongs,  and  to  deliver  to  the  collector  the  certifi- 
cate of  such  consul  or  vice-consul  that  the  papers  have  been  so  depos- 
ited. Every  master  who  fails  to  comply  with  this  regulation  shall  be 
punishable  by  a  fine  of  not  less  than  five  hundred  dollars,  nor  more 
than  two  thousand  dollars. 

Sec.  4210.  The  preceding  section  shall  not  extend  to  the  vessels  of 
foreign  nations  in  whose  ports  American  consuls  are  not  permitted  to 
have  the  custody  and  possession  of  the  register  and  other  papers  of  ves- 
sels entering  the  ports  of  such  nation. 

Sec.  4211.  It  shall  not  be  lawful  for  any  foreign  consul  to  deliver  to 
the  master  of  any  loreign  vessel  the  register  and  other  papers  deposited 
with  him  pursuant  to  the  provisions  of  the  preceding  section,  until  such 
master  shall  produce  to  him  a  clearance  in  due  form  from  the  collector 
of  the  port  where  such  vessel  has  been  entered.  Any  consul  offending 
against  the  provisions  of  this  section  shall  be  fined  not  less  than  five 
hundred  dollars,  nor  more  than  five  thousand. 

*  Sec.  4212.  Upon  the  entry  of  every  vessel  of  the  United  States  from 
any  foreign  port,  the  master  thereof  shall  make  return,  on  oath,  showing 
that  he  has  promptly  delivered  at  such  foreign  port,  all  mails  placed  on 
board  of  the  vessel  under  his  command  before  clearance  from  the  United 
States.  And  in  case  the  master  shall  fail  to  make  such  oath,  showing 
that  he  has  delivered  the  mails  placed  on  board  his  vessel  in  good  faith, 
the  vessel  shall  not  be  entitled  to  the  privileges  of  a  vessel  of  the  United 
States. 

Sec.  4213.  It  shall  be  the  duty  of  all  owners,  agents,  consignees,  mas- 
ters, and  commanders  of  vessels  to  whom  any  receipt  for  fees  shall  be 
given  by  any  consular  officer,  to  furnish  a  copy  thereof  to  the  collector 
of  the  district  in  which  such  vessels  shall  first  arrive  on  their  return  to 
the  United  States.  And  it  shall  also  be  the  duty  of  every  collector  to 
forward  to  the  Secretary  of  the  Treasury  all  such  copies  of  receipts  as 
shall  have  been  so  furnished  to  him,  and  also  a  statement  of  all  certified 
invoices  which  shall  have  come  to  his  office,  giving  the  dates  of  the  certifi- 
cates, and  the  names  of  the  persons  for  whom  and  of  the  consular  officers 
by  whom  the  same  were  certified. 

*  See  sees.  3976  and  3988. 


32  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

3.— YACHTS  AND  PLEASURE  VESSELS.* 
(Revised  Statutes,  Title  XLVIII,  cbap.  2.) 

Sec.  4214.  Tbe  Secretary  of  the  Treasury  may  cause  yachts  used  and 
employed  exclusively  as  pleasure- vessels,  and  deslg:ued  as  models  of 
navararclntecture,  if  entitled  to  be  enrolled  as  American  vessels,  to  be 
licensed  on  terms  which  will  authorize  them  to  proceed  from  port  to  port 
of  the  United  States,  and  by  sea  to  foreign  ports,  without  entering  or 
clearing  at  the  customhouse.  Such  license  shall  be  in  such  form  as  the 
Secretary  of  the  Treasury  may  prescribe.  The  owner  of  any  such  ves- 
sel, before  taking  out  such  license,  shall  give  a  bond,  in  such  form  and 
for  such  amount'as  the  Secretary  of  the  Treasury  shall  prescribe,  con- 
ditioned that  the  vessel  shall  not  engage  in  any  unlawful  trade,  nor  in 
any  way  violate  the  revenue  laws  of  the  United  States,  and  shall  com- 
ply with  the  laws  in  all  other  respects.  Such  vessels  so  enrolled  and 
licensed  shall  not  be  allowed  to  transport  merchandise  or  carry  passen- 
gers for  pay.  Such  vessels  shall,  in  all  respects,  except  as  above,  be 
subject  to  the  laws  of  the  United  States,  and  shall  be  liable  to  seizure 
and  forfeiture  for  any  violation  of  the  provisions  of  this  Title. 

Sec.  4215.  All  such  licensed  yachts  shall  use  a  signal  of  the  form, 
size,  and  colors  prescribed  by  the  Secretary  of  the  Navy ;  and  the  owners 
thereof  shall  at  all  times  permit  the  naval  architects  in  the  employ  of 
the  United  States  to  examine  and  copy  the  models  of  such  yachts. 

Sec.  4216.  Yachts,  belonging  to  a  regularly  organized  yacht  club  of 
any  foreign  nation  which  shall  extend  like  privileges  to  the  yachts  of 
the  United  States,  shall  have  the  privilege  of  entering  or  leaving  any 
port  of  the  United  States  without  entering  or  clearing  at  the  custom 
house  thereof,  or  paying  tonnage  tax. 

Sec.  4217.  For  the  identification  of  yachts  and  their  owners,  a  com- 
mission to  sail  for  pleasure  in  any  designated  yacht  belonging  to  any 
regularly  organized  and  incorporated  yacht  club,  stating  the  exemptions 
and  privileges  enjoyed  under  it,  may  be  issued  by  the  Secretary  of  the 
Treasury,  and  shall  be  a  token  of  credit  to  any  United  States  official, 
and  to  the  authorities  of  any  foreign  power,  for  privileges  enjoyed 
under  it. 

Sec.  4218.  Every  yacht  visiting  a  foreign  country  under  the  provis- 

*  Pleasure  vessels :  The  statutes  of  the  United  States  require  no  vessel  to  be  docu- 
mented, unless  she  be  employed  in  trade,  or  in  the  fisheries.  (See  §$  4131, 4311,  4371.) 
Decision  5r>4r>  in  1^83. 

By  recent  legislation  vessels  of  less  than  20  tons  may  be  licensed  as  yachts;  and 
tbe  former  legislation  is  so  modified  as  to  prescribe  simply  that  they  shall  have  their 
"  name  and  port  placed  on  some  conspicuous  portion  of  their  bulls."  The  fees  for 
steam  inspection  and  license  together  are  limited  to  five  dollars;  and  for  measure- 
ment, to  ten  cents  per  ton.     (Revised  Statutes,  sec.  4214,  as  amended  March  3,  1883.) 

ComniiHsion  of  yacht :  To  protect  and  favor  pleasure  yachts  abroad,  a  commission  to 
sail  for  pleasure,  if  any  designated  yacht  belonging  to  any  regularly  organized  and 
incori>orated  yacht  club,  may  be  obtained  from  the  Secretary  of  the  Treasury,  through 
tbe  proper  custom-bouse  official  of  the  port  where  the  yacht  shall  have  been  licensed. 
This  is  an  addition  to,  and  not  a  substitute  for,  the  enrollment  and  license,  which  must 
be  ke|)t  valid.  On  the  return  of  the  yacht  from  abroad  the  commission  must  be  sur- 
rendered.    (Art.  (iO,  Regulations,  187*4.     Decision  849,  1871.) 

What  cessels  must  be  (ioensed  :  Vessels  of  five  tons  and  upward,  employed  in  the  coast- 
ing trade,  or  in  the  frontier  trade,  otherwise  than  by  sea,  or  in  the  whale  fishery,  if 
under  enrollment,  or  in  the  cod  fishery,  or  in  the  mackerel  fishery,  or  used  for  pleas- 
ure, if  of  twenty  tons  or  upward,  must  have  a  license.     (Sections  4214,  4311, 4318,  4371.) 

The  provision  in  the  act  of  June  30, 1879,  chap.  54,  which  exempts  from  enrollment, 
registration  or  license,  "any  flatboat,  barge,  or  like  craft  forcarriage  of  freight,  not 
jjropelled  by  sail  or  by  internal  motive  power  of  its  own,  on  the  rivei's  and  lakes  of 
the  United  States,"  has  reference  solely  to  vessels  of  that  description  bnilt  within  the 
United  States  and  owned  by  citizens  thereof.  It  does  not  extend  to  foreign-built 
craft.     (Opinion  of  Attorney-Greueral,  September  16,  1880.) 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.        33 

ious  of  the  four  preceding  sectious  shall,  on  her  return  to  the  ITnited 
States,  make  due  entry  at  the  custom-house  of  the  port  at  which,  on 
such  return,  she  shall  arrive. 


AN  ACT  to  aineud  section  four  thousand  two  hundred  and  iouiteeu  of  the  Revised 
Statutes  relating  to  yachts.* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Gonr/ress  assembled,  That  section  forty-two  hundred 
and  fourteen  of  the  Revised  Statutes  of  the  United  States  be  amended 
so  as  to  read  as  follows  : 

"  Sec.  4214.  The  Secretary  of  the  Treasury  may  cause  yachts  used 
and  employed  exclusively  as  pleasure  vessels,  or  designed  as  models 
of  naval  architecture,  if  built  and  owned  in  compliance  with  the  pro- 
visions of   sections  forty-one  hundred  and   thirty-three  to  forty-one 

*  It  will  he  seen  that  the  act  repeals  section  forty -two  hundred  and  fourteen  of  the 
Revised  Statutes  by  substituting  therefor  a  section  diii'ering  from  that  repealed  in  the 
following  respects  : 

1.  For  the  words  "  if  entitled  to  be  enrolled  as  American  vessels  "  it  inserts  the 
words  "  if  built  and  owned  in  compliance  with  the  provisions  of  sections  forty-one 
hundred  and  thirty-three  to  forty-one  hundred  and  thirty-five." 

2.  It  limits  by  a' proviso  the  amount  of  fees  to  be  collected  for  the  licensing  and  in- 
spection of  a  pleasure  vessel  or  yacht  to  five  dollars,  and  restricts  the  fees  for  ad- 
measurement of  such  pleasure  vessel  or  yacht  to  an  amount  not  exceeding  ten  cents 
per  ton. 

The  Department  has  construed  the  repealed  section  to  be  applicable  only  to  yachts 
that  were  entitled  to  enrollmeut  by  virtue  of  section  4311,  Revised  Statutes,  as  being 
of  twenty  tons  burden  or  more,  and  not  applicable  to  vessels  that  could  be  documented 
only  with  licenses.  This  restriction  is  removed  by  the  foregoing  act,  and  the  sole 
conditions  for  licensing  yachts  and  pleasure  vessels  specified  in  the  act  are  that  they 
shall  have  been  built  in  the  Uaited  States  aud  shall  be  owned  by  American  citizens. 
But,  unless  otherwise  instructed,  collectors  will  issue  no  licenses  to  yachts  or  pleasure 
vessels  of  a  burden  of  less  than  five  tons  net,  as  ascertained  after  deduction  of  exempted 
spaces  in  accordance  with  the  provisions  of  the  act  of  August  5,  18S2.  The  form  of 
license  for  such  yachts  and  pleasure  vessels  will  be  as  follows:  {Treasury  Circular, 
March  16,  1883.) 

Cat.  No.  544.     Official  number:  Numerals, ;  letters, . 

THE  UNITED  STATES  OF  AMERICA. 

Yacht  Lic;ense. 

License  of  a  yacht  of* ,  to  proceed  from  port  to  port  of  the  United  States,  and  by  sea 

to  foreign  portu,  without  Entering  or  Clearing  at  the  Custom-house. 

In  pursuance  of  Chapter  Two,  Title  XLVIII,  "  Regulations  of  Commerce  and  Navi- 
gation," of  the  Revi.sed  Statutes  of  the  United  States,  and  the  act  of  Congress  entitled 
"An  act  to  amend  section  4214  of  the  Revised  Statutes,  relating  to  yachts,"  approved 

March  3,  188:J,t ,  having  given  bond  that  the  t ,  called   the , 

whereof  the  said  t ,  owner     ,  burden  tons  aud  hundredths 

of  a  ton.  $  ,  nsed  and  employed  exclusively  as  a  pleasure  vessel,  and  designed 

as  a  model  of  naval  architecture,  shall  not,  wiiile  this  licen.so  continues  in  force, 
transport  merchandise  or  carry  passengers  for  pay,  or  engage  in  any  unlawful  trade, 
nor  in  any  way  violate  the  revenue  laws  of  the  United  States,  and  shall  comply  with 
the  laws  in  all  other  respects  : 

Liceu.se  is  hereby  granted  for  the  said  yacht,  called  the ,  to  proceed  from  port 

to  port  of  the  United  States,  and  by  sea  to  foreign  ports,  without  entering  or  clearing 
__ . — _ ^^ ^ 

'Insert  "twenty  tons  and  upwanl,'  or  "less  tlian  twenty  tons." 

t  Insert  the  names  of  the  owners,  with  tlie  occupation  and  place  of  abode  of  each. 

t  Insert  description  of  yacht,  whether  sloop,  schooner,  or  whatever  else  she  may  be. 

\  In  case  of  a  yacht  of  twenty  tons  or  upward,  insert  "  asappears  by  her  enrolment,  numbered 

and  dated  at ." 

H.  Mis.  391 3* 


34  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

buiidred  ami  thirtv-tive,  to  be  licensed  on  terms  which  will  authorize 
them  to  proceed  from  port  to  port  of  the  United  States,  and  by  sea  to 
foreign  ports,  withont  entering  or  clearing  at  the  custom-house;  such 
license  shall  be  in  such  form  as  the  Secretary  of  the  Treasury  may  pre- 
scribe. The  owner  of  any  such  vessel,  before  taking  out  such  license, 
shall  give  a  bond  in  such  form  and  for  such  amount  as  the  Secretary  of 
the  Treasury  shall  prescribe,  conditioned  that  the  vessel  shall  not  en- 
gage in  any  trade,  nor  in  any  way  violate  the  revenue  laws  of  the  United 
States,  and  shall  comi)ly  with  tlie  laws  iu  all  other  respects.  Such  ves- 
sels, so  enrolled  and  licensed,  shall  not  be  allowed  to  transport  mer- 
chandise or  carry  passengers  for  pay.  Such  vessels  shall  have  their 
name  and  i)ort  placed  on  some  conspicuous  portion  of  their  hulls.  Such 
vessels  shall,  in  all  respects,  except  as  above,  be  subject  to  the  laws  of 
the  United  States,  and  shall  be  liable  to  seizure  and  forfeiture  for  any 
violation  of  the  provisions  of  this  title:  Provided,  That  all  charges  for 
license  and  inspection  fees  for  any  pleasure  vessel  or  yacht  shall  not 

at  the  custom-house,  but  uot  to  be  allowed  to  transport  merchaudise,  or  carry  passeu- 
gers  for  pay.  This  liceuse  to  continue  and  be  iu  force  for  one  year  from  the  date 
hereof,  or  until  the  return  of  the  said  yacht  from  a  foreign  port,  and  no  longer. 

Given  under  my  hand  and  seal,  at  the  port  of ,  in  the  district  of  ,  this 

day  of ,  in  the  year  one  thousand  eight  hundred  and  eighty . 

,  Collector. 

,  Xuval  Officer. 

The  form  of  commission  to  be  issued  to  yachts  and  pleasure  vessels  will  be  as  fol- 
lows: 

Cat.  No.  545. 

COMMISSIOX   FOR   A   PLEASURE   YACHT. 

The  Secretary  of  the  Treasury  of  the  United  States  of  America,  to  all  to  whom  these 

presents  shall  come,  greeting: 

Be  it  known,  that  whereas  the  Yacht  called  the of ,  whereof 

is  at  i)resent  master  or  commander,  being rigged  and  of  the  burden 

of tons  or  thereabouts,  her  official  Bumber  being ,  belonging  to  an  asso- 
ciation duly  incorporated  and  organized  under  the  laws  of  the  State  of ,  known 

as  the —,  hath  been  duly* licensed  according  to  law,  which  said  yacht  is 

now   lying  at  the  port  of  — ,  bound  for  ,  ou  a  voyage   of  pleasure  ;  aud 

whereas, ,  the  owner    thereof,  ha      made  application  for  a  commission 

for  the  said  yacht  under  the  provisions  of  the  title  hereinafter  mentioned  : 

Now,  therefore,  I, ,  Secretary  of  the  Treasury,  in  pursuance  of  author- 
ity in  me  vested  by  Chapter  Two,  Title  XLVIII,  "  Regulations  of  Commerce  and  Navi- 
gation," of  the  Revised  Statutes  of  the  United  States,  do  hereby  commission  the  afore- 
said yacht,  called  the  ,  as  a  vessel  of  the  United  States,  entitled  to  proceed 

from  port  to  port  of  the  United  States,  aud  by  sea  to  foreign  ports,  without  entering 
or  clearing  at  the  custom-house  :  Provided,  That  said  yacht  shall  not  transport  mer- 
chandise, nor  carry  passengers  for  pay,  nor  engage  in  any  unlawful  trade,  nor  in  any 
way  violate  the  laws  of  the  United  States:  And  provided  further,  That  the  said 
yacht  having  visited  a  foreign  country,  shall,  on  returning  to  the  United  States,  make 
due  entry  at  tlie  custom-house  of  the  district  within  which  on  such  return  she  shall 
first  arrive,  and  shall  thereui)on  surrender  this  commission  ;  and  so  long  as  the  afore- 
said conditions  shall  be  faithfully  observed  this  commission  shall  be  a  token  of  credit 
to  any  United  States  official  at  home  or  abroad,  and  to  the  authorities  of  any  power, 
for  the  privil(!gos  enjoyed  under  it. 

In  witness  whereof  I  have  hereunto  subscribed  my  name  and  caused  the  seal  of  the 

Treasury  Department  to  be  affixed,  at  the  City  of  Washington,  on  the  day  of 

,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  eiglity . 

,  Secretary  of  the  Treasury. 

Attest : 

,  ComminiiiotH'r  of  Xarigaiion. 


*  Incaae  of  a  yacht  of  twenty  tons  or  uptvard,  insert  "enrolled  and." 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  35 

exceed  five  dollars,  and  for  admeasurement  shall  uot  exceed  teu  cents 
per  ton."' 

Sec.  2.  That  the  said  original  section  forty-two  hundred  and  fourteen 
be,  and  the  same  is  hereby,  repealed. 

Sec.  3.  That  this  act  shall  take  effect  from  and  after  its  passage. 

Approved,  ^larch  3,  1883. 


4.— TONNAGE  DUTIES.* 

(Revised  Statutes,  Title  XLVIII,  chaps.  3  and  4.) 

Sec.  4219.  Upon  vessels  which  shall  be  entered  in  the  United  States 
from  any  foreign  port  or  place  there  shall  be  paid  duties  as  follows:  On 
vessels  built  wUhin  the  United  States  but  belonging  wholly  or  in  part  to 
subjects  of  foreign  powers,  at  the  ratnof  30 cents  i)er  ton ;  on  other  vessels 
not  of  the  United  States,  at  the  rate  of  50  cents  per  ton.  Upon  every 
vessel  not  of  the  United  States,  which  shall  be  entered  in  one  district 
from  another  district,  having-  on  board  goods,  wares,  or  merchandise 
taken  in  one  district  to  be  delivered  in  another  district,  duties  shall  be 
paid  at  the  rate  of  50  cents  per  ton.  ISTothing  in  this  section  shall  be 
deemed  in  any  wise  to  impair  any  rights  or  privileges  which  have  been 
or  may  be  acquired  by  any  foreign  nation  under  the  laws  and  treaties 
of  the' United  States  relative  to  the  duty  of  tonnage  on  vessels.  On 
all  foreign  vessels  which  shall  be  entered  in  the  United  States  from  any 
foreign  port  or  place,  to  and  with  which  vessels  of  the  United  States  are 
not  ordinarily  permitted  to  enter  and  trade,  there  shall  be  paid  a  duty 
at  the  rate  of  two  dollars  per  ton  ;  and  none  of  the  duties  on  tonnage 
above  mentioned  shall  be  levied  on  the  vessels  of  any  foreign  nation  if 
the  President  of  the  United  States  shall  be  satisfied  that  the  discrim- 
inating or  countervailing  duties  of  such  foreign  nations,  so  far  as  they 
operate  to  the  disadvantage  of  the  United  States,  have  been  abolished ; 

*  *  *  and  any  rights  or  privileges  acquired  by  any  foreign  nation 
under  the  laws  and  treaties  of  the  United  States  relative  to  the  duty  of 
tonnage  on  vessels  shall  not  be  impaired  ;  and  any  vessel  any  officer  of 
which  shall  not  be  a  citizen  of  the  United  States,  shall  pay  a  tax  of  fifty 
cents  per  ton. 

tSec.  4220.  No  vessel  belonging  to  any  citizen  of  the  United  States, 
trading  from  one  port  within  the  United  States  to  another  port  within 
the  United  States,  or  employed  in  the  bank,  whale,  or  other  fisheries, 
shall  be  subject  to  tonnage  or  tax  duty,  if  such  vessel  be  licensed,  regis- 
tered or  enrolled. 

tSEO.  4221.  In  cases  of  vessels  making  regular  daily  trips  between 
any  port  of  the  United  States  and  any  port  in  the  Dominion  of  Canada, 
wholly  upon  interior  waters  not  navigal>le  to  the  ocean,  no  tonnage  or 
clearance  fees  shall  be  charged  against  such  vessel  by  the  otticers  of 

*See  sees.  2931,  2932,  301'>^,  :}013,  :U10,  and  4371.  t  See  sec.  2793. 

tin  all  cases  of  plaiu  and  obvious  conliict  between  the  provisious  of  the  Constitu- 
tion and  the  provisious  of  a  statute,  not  only  the  Judiciary  but  every  department  of 
the  Governtneut  required  to  act  upon  the  subject  matter  must  dttennhie  what  the  law 
is,  and  obey  the  Constitution. — Opinion  of  Atty.-Gen.,  IHGl. 


36  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

the  United  States,  except  upon  the  first  clearing  of  suck  vessel  in  each 
vear. 

"^  ♦  Sec.  4222.  No  consul  or  consular  agent  of  the  United  States  shall 
exact  to'nnaue  IVes  from  any  vessel  of  the  United  States,  touching  at  or 
near  ports  iii  Canada,  on  her  regular  voyage  from  one  port  to  another 
within  the  United  States,  unless  such  consul  or  consular  agent  shall 
perform  some  oflicial  services,  required  by  law  for  such  vessel,  wheu  she 
shall  thus  touch  at  a  Canadian  ])ort. 

Sec.  4224.  Vessels  which  pay  tonnage  duties  once  in  a  year  shall  pay 
the  same  either  at  their  first  clearance  from  or  entry  at,  according  to 
(I)riority,  a  custom  house  in  the  United  States  in  each  calendarf  year. 
-Nothing  in  this  section  shall  be  construed  to  prevent  customs  officers 
from  collecting  such  tonnage  duty  at  the  entry  of  vessels  at  their  re- 
spective custom-houses  during  the  calendar  year  if  the  same  has  not 
previously  been  paid  for  such  year. 

Sec.  4225.  A  duty  of  fifty  cents  per  ton,  to  be  denominated  "light 
money,"  shall  be  levied  and  collected  on  all  vessels  not  of  the  United 
States,  which  nuiy  enter  the  ports  of  the  United  States.  Such  light- 
money  shall  be  levied  and  collected  in  the  same  manner  and  under  the 
same  regulations  as  the  tonnage  duties. 

Sec.  4226.  The  preceding  section  shall  not  be  deemed  to  operate  upon 
unregistered  vessels,  owned  by  citizens  of  the  United  States,  and  carry- 
ing a  sea-letter,  or,  other  regular  document,  issued  from  a  custom  house 
of  the  United  States,  proving  the  vessel  to  be  American  property. 
Upon  the  entry  of  every  such  vessel  from  any  foreign  port,  if  the  some 
shall  be  at  the  port  at  which  the  owner  or  an>  of  the  part  owners  reside, 
such  owner  or  part  owner  shall  make  oath  that  the  sea  letter  or  other 
regular  document  possessed  by  such  vessel  contains  the  name  or  names 
of  all  the  i)ersons  who  are  then  the  owners  of  the  vessel ;  or  if  any  part 
of  such  vessel  has  been  sold  or  transferred  since  the  date  of  such  sea- 
letter  or  document,  that  such  is  the  case,  and  that  no  foreign  subject  or 
citizen  has,  to  the  best  of  his  knowledge  and  belief,  any  share,  by  way 
of  trust,  confidence,  or  otherwise,  in  such  vessel.  If  the  owner  or  any 
part  owner  does  not  reside  at  the  port  or  place  at  which  such  vessel 
shall  enter,  then  the  master  shall  make  oath  to  the  like  effect.  If  the 
owner  or  part  owner,  where  there  is  one,  or  the  master,  where  there  is 
no  owner,  shall  refuse  to  so  swear,  such  vessel  shall  not  be  entitled  to 
the  privileges  granted  by  this  section. 

Sec.  4227.  Nothing  contained  in  this  Title  shall  be  deemed  in  anywise 
to  impair  any  rights  and  privileges  which  have  been  or  may  be  acquired 
by  any  foreign  nation  under  the  laws  and  treaties  of  the  United  States 
relative  to  the  duty  on  tonnage  of  vessels,  or  any  other  duty  on  vessels. 

TAX   ON   TONNAGE. 

Sec.  II.  That  section  fourteen  of  "An  act  to  remove  certain  burdens 
on  the  American  merchant  marine  and  encourage  the  American  foreign 
carrying  trade,  and  foi-  other  i)urposes,"  approved  June  twenty-sixth, 
eighteen  hundred  and  eighty-four,  be  amended  so  as  to  read  as  follows: 

"Se(;.  14.  That  in  lieu  of  the  tax  on  tonnage  of  thirty  cents  per  ton 
per  annum  imi)osed  prior  to  July  first,  eighteen  hundred  and  eighty- 
four,  a  duty  of  three  cents  per  ton,  not  to  exceed  in  the  aggregate  fifteen 

*  See  sec.  2793. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  37 

cents  per  tou  in  any  one  year,  is  hereby  imposed  at  each  entry  on  all 
vessels  which  shall"  be  entered  in  any  port  of  the  United  States  from 
any  foreign  port  or  place  in  North  xVmerica,  Central  America,  the  West 
India  Islands,  the  Bahama  Islands,  the  Bermuda  Islands,  or  the  coast 
of  South  America  bordering-  on  the  Caribbean  Sea,  or  the  Sandwich 
Islantls,  or  Newfoundland  ;  and  a  duty  of  six  cents  per  ton,  not  to  ex- 
ceed thirty  cents  per  ton  per  annum,  is  hereby  imposed  at  each  entry 
upon  all  vessels  which  shall  be  entered  in  the  United  States  from  any 
other  foreign  ports,  not,  however,  to  include  vessels  in  distress  or  not 
engaged  in  trade:  Frorided,  That  the  President  of  the  United  States 
shalfsuspend  the  collection  of  so  much  of  the  duty  herein  imposed,  on 
vessels  entered  from  any  foreign  port,  as  may  be  in  excess  of  the  tonnage 
and  light-house  dues,  oV  other  equivalent  tax  or  taxes,  imposed  in  said 
port  o\i  American  vessels  by  the  Government  of  the  foreign  country  iu 
which  such  port  is  situated,  and  shall,  u])on  the  passage  of  this  act,  and 
from  time  to  time  thereafter  as  often  as  it  may  become  necessary  by 
reason  of  changes  in  the  laws  of  the  foreign  countries  above  mentioned, 
indicate  bv  proclamation  the  ports  to  which  such  suspension  shall  apply, 
and  the  rate  or  rates  of  tonnage-duty,  if  any,  to  be  collected  under  such 
suspension  :  Provided,  further,  That  snch  proclamation  shall  exclude 
from  the  benefits  of  the  suspension  herein  authorized  the  vessels  of  any 
foreign  country  iu  whose  ports  the  fees  or  dues  of  any  kind  or  nature 
imi)osed  on  vessels  of  the  United  States,  or  the  import  or  export  duties 
on  their  cargoes,  are  in  excess  of  the  fees,  dues,  or  duties  imposed  ou 
the  vessels  of  the  country  iu  which  such  port  is  situated,  or  on  the 
cargoes  of  such  vessels;  and  sections  forty  two  hundred  and  twenty- 
three  and  forty-two  hundred  and  twenty  four,  and  so  much  of  section 
forty-two  hundred  and  nineteen  of  the  Eevised  Statutes  as  coutiicts  with 
this^ section,  are  hereby  repealed."     (Act  of  June  19, 1880.) 

DISCRIMINATING  TONNAGE  DUTIES. 

Sec.  4228.  Upon  satisfactory  proof  being  given  to  the  President,  by 
the  government  of  any  foreign  nation,  that  no  discriminating  duties  of 
tonnage  or  imi)Osts  are  imposed  or  levied  in  the  i)orts  of  such  nation 
upon  vessels  wholly  belonging  to  citizens  of  the  United  States,  or  upon 
the  produce,  manufactures^  or  merchandise  imported  in  the  same  from  the 
United  States  or  from  any  foreign  country,  the  President  may  issue  his 
proclamation,  declaring  that  the  foreign  discriminatingduties  of  tonnage 
and  impost  within  the^United  States  are  susi)euded  and  discontinued, 
so  far  as  respects  the  vessels  of  such  foreign  nation,  and  the  produce, 
manufactures,  or  merchandise  imported  into  the  United  States  from 
such  foreign  nation,  or  from  any  other  foreign  country;  the  suspension 
to  take  effect  from  the  time  of  such  notification  being  given  to  the  Pres- 
ident, and  to  continue  so  long  as  the  reciprocal  exemption  of  vessels, 
belonging  to  citizens  of  the  United  States,  and  their  cargoes,  shall  be 
continued,  and  no  longer. 

Sec.  4220.  No  other  or  higlier  rate  of  duties  shall  be  imposed  or  col- 
lected on  vessels  of  Prussia,  or  of  her  dominions,  from  whencesoever 
coming,  nor  on  tlieir  cargoes,  howsoever  composed,  than  are  or  may  be 
payable  on  vessels  of  the  United  States,  and  their  cargoes. 

Sec.  4230.  The  pre(5eding  section  shall  continue  and  be  in  force  dur- 
ing the  time  that  the  equality  for  whi<;h  if  provides  shall,  in  all  respects, 
be  reci[)r()cated  in  the  ports  of  Prussia  and  her  dominions;  and  if  at 


38  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

auy  time  hereafter  tbe  equality  shall  not  be  reciprocated  in  the  ports 
of  Prussia  and  her  dominions,  the  President  may  issue  his  proclamation, 
declaring-  that  fact,  and  thereupon  the  section  preceding  shall  cease  to 
be  in  foice. 

Sec.  41*31.  From  Spanish  vessels  coming-  from  any  port  or  place  in 
Si>ain  or  lier  colonies,  where  no  discriminating-  or  countervailing  duties 
on  tonnage  are  levied  ujjou  vessels  of  the  United  States,  or  from  any 
other  i)ort  or  i)lace  to  and  with  which  vessels  of  the  United  States  are 
ordinaiily  i)ermitted  to  go  and  trade,  there  shall  be  exacted  in  the  ports 
of  the  United  States  no  other  or  greater  duty  on  tonnage  than  at  the 
time  may  be  exacted  of  vessels  of  the  United  States. 

Sic.  4232.  The  mail  steamships  employed  in  the  mail-service  between 
the  United  States  and  Brazil  shall  be  exemi)t  from  all  ])ort-charges  and 
customhouse  dues  at  the  port  of  departure  and  arrival  in  the  United 
States  if,  and  so  long  as,  a  similar  immunity  from  port-charges  and 
custom-house  dues  is  granted  by  the  government  of  Brazil. 

EEFUND   OF   TAX   OR    PENALTIES. 

Sec.  2C.  That  whenever  any  fine,  penalty,  forfeiture,  exaction,  or 
charge  arising  under  the  laws  relating-  to  vessels  or  seamen  has  been 
paid  to  any  collector  of  customsor  consular  officer,  and  application  has 
been  made  within  one  year  from  such  payment  for  the  refunding  or  re- 
mission of  the  same,  the  Secretary  of  the  Treasury,  if  on  investigation 
be  finds  that  such  tine,  penalty,  forfeiture,  exaction,  or  charge  was  ille- 
gally, improperly,  or  excessively  imposed,  shall  have  the  power,  either 
before  or  after  tlie  same  has  been  covered  into  the  Treasury,  to  refund 
so  much  of  such  fine,  penalty,  forfeiture,  exaction,  or  charge  as  he  may 
think  ])roper,  from  any  moneys  in  the  Treasury  not  otherwise  appro- 
priated. 


5.— BUREAU  OF  NAVIGATION. 

Be  it  enacted  by  the  /Senate  and  House  of  Rejrresentatives  of  the  United 

States  of  America  in  Congress  assembled,  That  there  shall  be  in  the  De- 
partment of  tlie  Treasury  of  the  United  States  a  Bureau  of  Na\'igation, 
under  the  immediate  charge  of  a  Commissioner  of  Navigation, 

Sec.  2.  That  the  Commissioner  of  Navigation,  under  the  direction  of 
the  Secretary  of  the  Treasury,  shall  have  general  superintendence  of 
the  commercial  marine  and  merchant  seamen  of  the  United  States,  so 
far  as  vessels  and  seamen  are  not,  under  existing  laws,  subject  to  the 
supervision  of  any  othei-  officer  of  the  Government.  He  shall  be  spe- 
cially cliarged  with  the  decision  of  all  questions  relating  to  the  issue 
of  registers,  enrollments,  and  licenses  of  vessels,  and  to  the  filing  and 
preservation  of  those  documents;  and  whenever  in  title  forty-eight  or 
fifty  of  the  Kevised  Statutes  any  of  the  above-named  documents  are 
re(]uired  to  be  surrendered  or  returned  to  the  Register  of  the  Treasury, 
such  re<iuirement  is  hereby  re])ealed,  and  such  documents  shall  be  sur- 
rendered and  returned  to  the  Commissioner  of  jSTavigation.  Said  Com- 
missioner shall  have  charge  of  all  similar  documents  now  in  the  keep- 
ing of  the  Kegister  of  the  Treasury,  and  shall  perform  all  the  duties 
hitherto  devolved  upon  said  Register  relating  to  navigation. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  39 

Sec.  3.  That  the  Commissioner  of  Navigation  shall  be  charged  with 
the  supervision  of  the  laws  relating-  to  the  admeasurement  of  vessels, 
and  the  assigning  of  signal  letters  thereto,  and  of  designating  their 
official  number;  and  on  all  (juestions  of  interpretation  growing  out  of 
the  execution  of  the  laws  relating  to  these  subjects,  and  relating  to  the 
collection  of  tonnage  tax,  and  to  therefuml  of  such  tax  when  collected 
erroneously  or  illegally,  his  decision  shall  be  final. 

Sec.  4.  That  the  Commissioner  of  Navigation  shall  annually  prepare 
and  ])ublish  a  list  of  vessels  of  the  United  States  belonging  to  the  com- 
mercial marine,  specifying  the  otticial  number,  signal  letters,  names,  rig, 
tonnage,  home  port,  and  place  and  dateof  building  of  every  vessel,  dis- 
tinguishing in  sucli  list  sailing-vessels  from  such  as  may  be  propelled 
by  steau)  or  other  motive  power.  He  shall  also  report  annually  to  the 
Secretary  of  the  Treasury  the  increase  of  vessels  of  the  United  States, 
by  building  or  otherwise,  si)ecifying  their  number,  rig,  and  motive  power. 
He  shall  also  investigate  the  operations  of  the  law  relative  to  naviga- 
tion, and  annually  report  to  the  Secretary  of  the  Treasury  such  par- 
ticulars as  may,  in  his  Judgment,  admit  of  improvement  or  may  require 
amendment. 

Sec.  5.  That  the  Commissioner  of  Navigation  shall,  under  the  direc- 
tiou  of  the  Secretary  of  the  Treasury,  be  empowered  to  change  the 
names  of  vessels  of  the  United  States,  under  such  restrictions  as  may 
have  been  or  shall  be  prescribed  by  act  of  Congress. 

Sec.  6.  That  the  Commissioner  of  Navigation  shall  be  appointed  by  the 
President  of  the  United  States,  by  and  with  the  advice  and  consent  of 
the  Senate,  and  shall  receive  a  salary  of  four  thousand  dollars  per  an- 
num. And  the  Secretary  of  the  Treasury  shall  have  power  to  transfer 
from  existing  Bureaus  or  divisions  of  the  Treasury  one  clerk,  to  be  des- 
ignated as  deputy  commissioner  of  navigation,  to  act  with  the  full  powers 
of  said  Commissioner  during  his  temporary  absence  from  his  officialduty 
for  any  cause,  and  such  additional  clerks  as  he  may  consider  necessary 
to  the  successful  operation  of  the  Bureau  of  Navigation,  without  impair- 
ing the  efficiency  of  the  Bureaus  or  divisions  whence  such  clerks  may  be 
transferred  ? 

Sec.  7,  That  this  act  shall  be  in  force  and  take  effect  on  and  after 
July  first,  eighteen  hundred  and  eighty-four. 

Approved  July  5,  1884. 


[Circular.  — Oiiiaiuzution  of  the  Bureau  of  Navigation.] 

Tkkasui{V  Depautment,  Office  of  the  Secretary, 

Washington,  D.  C,  July  18.  1884. 

To  Officers  of  the  Treasury  Department: 

Whereas  Congress,  by  an  act  ai)iir(>veil  July  '>,  18."^4,  authorized  the  estahlisbment 
of  a  Bureau  of  Navigatiou  in  the  Treasury  Department,  and  charged  a  Connnissioner 
with  its  control  and  management,  subject  to  the  direction  of  the  Secretary  of  the 
Tri'asury,  it  is  hereby  ordered  that  said  Commissioner  shall  have  power  to  give  in- 
structions, over  his  own  signature  as  Commi»isioner  of  Navigation,  to  collectors  of 
cu.stonis  in  all  matters  essential  to  the  fullilhnent  of  the  duties  with  which  he  is 
charged  in  the  second,  third,  foiuth,  and  tifth  sections  of  said  act,  and  address  over 
his  own  signature  all  persons  with  whom  in  his  judgment  it  may  be  necessary  to 
communicat<^  in  furtherance  of  the  ol)jects  for  which  said  Bureau  was  established, 
and  he  will  so  organize  his  office  that  the  duties  prescribed  in  the  act  may  be  most 
proinjitly  and  etticiently  perfornit'd. 


40  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

The  duties  relatinj;  to  navij^ation  hitherto  assigned  to  the  Register  of  the  Treasury 
bavin.-- h»'en  devolved  ui)on  him,  he  will  sigu,  as  Commissioner  of  Navigation,  the 
certificates  of  registry  of  vessels  as  authorized  and  re([uired  hy  section  4158  of  the 
Revised  Statutes^  ami  he  will  cause  to  be  transmitted  the  requisite  supply  ot  forms 
of  such  instruments  to  collectors  of  customs;  but  he  will  treat  as  valid  and  still  in 
force  all  such  outstanding  instruments  as  hear  the  signature  of  the  Register  of  the 
Treasury,  and  will  allow  the  issues  of  such  instruments  with  the  Register's  signature 
till  new' ones  with  his  own  ofHcial  signature  can  he  supplied  to  collectors. 

The  Commissioner  of  Navigation  shall  supervise  the  action  of  shipping  commis- 
sioners as  devolved  upon  the  Secretary  of  the  Treasury  hy  the  tenth  section  of  the 
shipping  act  approved  June  '2(i,  lt'84,  and,  with  the  approval  of  the  Secretary  of  the 
Treasury,  shall  regulate  the  mode  of  conducting  business  in  their  offices,  and  perform 
such  otlier  duties  pertaining  to  the  care  of  seamen  as  would  devolve  upon  the  Secre- 
taiy  of  the  Treasury  by  virtue  of  the  provisions  of  the  said  act  or  Title  LIII  of  the 
Revised  Statutes. 

He  will  also  give  instructions  to  the  collectors  of  customs  in  regard  te  the  docu- 
menting of  vessels  and  their  clearance,  entry,  and  movements,  and  the  collection  of 
tonnage  duties  therefrom  as  far  as  they  may  be  required  by  the  provisions  of  said 
shipping  act  and  Titles  XXXIV  and  XLVIII  of  the  Revised  Statutes. 

He  shall  issue  also  to  collectors  of  customs  such  instructions  in  regard  to  the  entry 
of  vessels  into  ports  subject  to  quarantine  as  may  be  required  hy  the  puhlic  health 
and  permitted  by  Title  LVIII  of  the  Revised  Statutes. 

In  all  cases  in  which  it  is  necessary  for  the  head  of  the  Bureau  of  Navigation  to 
communicate  with  the  head  of  a  Departmeut,  he  will  make  such  communication 
through  the  Secretary  of  the  Treasury. 

For  the  guidance  of  the  Conuiiissioner  o£  Navigation  in  respects  not  necessary  to 
be  here  enumerated,  he  is  referred  to  the  act  itself,  herewith  published. 

CHAS.  J.  FOLGER, 

Secretary. 


6.— ABOLISHMENT  OF  CERTAIN  FEES. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  on  aud  after  July 
first,  eighteen  hundred  aud  eighty-six,  uo  fees  shall  be  charged  or  col- 
lected by  collectors  or  other  oflQcers  of  customs,  or  by  inspectors  of 
steam-vessels  or  shipping  commissioners,  for  the  following  services  to 
vessals  of  the  United  States,  to  wit:  Measurement  of  tonnage  and  cer- 
tifying the  same ;  issuing  of  license  or  granting  of  certificate  of  registry, 
record,  or  enrollujent,  including  all  indorsements  on  the  same  and  bond 
and  oath  ;  indorsement  of  change  of  master;  certifying  and  receiving 
manifest,  including  master's  oath  and  permit ;  granting  permit  to  ves- 
sels licensed  for  the  fisheries  to  touch  and  trade;  granting  certificate  of 
payment  of  tonnage  dues;  recording  bill  of  sale,  mortgage,  hypotheca- 
tion, or  conveyance,  or  the  discharge  of  such  mortgage  or  hypotheca- 
tion ;  furnishing  certificate  of  title  ;  furnishing  the  crew-list,  including 
bond;  certificate  of  protection  to  seamen;  bill  of  health  ;  shipping  or 
discharging  of  seamen,  as  provided  by  title  fifty-three  of  the  Kevised 
Statutes  and  section  two  of  this  act ;  apprenticing  boys  to  the  merchant 
service;  inspecting,  examining,  and  licensing  steam  vessels,  including 
inspection  certificate  and  copies  thereof;  and  licensing  of  master,  engi- 
neer, pilot,  or  mate  of  a  vessel;  and  all  provisions  of  laws  authorizing 
or  requiring  the  collection  of  fees  for  such  services  are  repealed,  such 
repeal  to  take  effect  July  first,  eighteen  hundred  and  eighty-six.  Col- 
lectors or  other  officers  of  customs,  inspectors  of  steam-vessels,  and  ship- 
ping commissioners  who  are  paid  wholly  or  partly  by  fees  shall  make  a 
detailed  report  of  such  services,  and  the  fees  provided  b}-  law,  to  the 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  41 

Secretary  of  the  Treasury',  under  sncli  regulations  as  that  officer  may 
prescribe;  and  the  Secretary  of  the  Treasury  shall  allow  and  i)ay,  Irom 
any  money  in  the  Treasury  not  otherwise' appropriated,  said  officers 
such  compensation  for  said  services  as  each  would  have  received  prior 
to  the  passage  of  this  act ;  also  such  compensation  to  clerks  of  ship- 
ping commissioners  as  would  have  been  paid  them  had  this  act  not 
passed:  Provided,  That  such  services  have,  in  the  opinion  of  the  Secre- 
retary  of  the  Treasury,  been  necessarily  rendered.  (Act  of  June  19, 1886.) 

ANNUAL   STATEMENT   OF   MERCHANT   VESSELS. 

Seo.  340.  The  chief  of  the  Bureau  of  Statistics*  shall  (also)  prepare 
an  annual  statement  of  vessels  registered,  enrolled  and  licensed,  under 
the  laws  of  the  United  States,  together  with  the  class,  name,  tonnage 
and  place  of  registry  of  each  vessel,  and  such  other  information  as  the 
Secretary  of  the  Treasury  may  deem  proper  to  embody  therein. 

*  Transferred  to  the  Commissioner  of  Navigation  by  act  of  Jnly  5.  1884,  which  re- 
iiuires  additional  data.     See  page  39. 


PART  II. 


1.  Regulation  ok  vessels  in  foreign  trade. 
■2.  Regulation  of  vessels  in  domestic  trade. 

3.  Regulation  of  vessels  in  the  fisheries. 

4.  Drawbacks  on  ship-building  materials,  &c 


1.— REGULATION  OF  VESSELS  IN  FOREIGN  TRADE. 

(Revised  Statutes,  Title  XLIX.) 

Sec.  4306.  Every  vessel  of  tbe  United  States,  going  to  any  foreign 
country,  shall,  before  slie  departs  from  tbe  United  States,  at  tbe  re- 
quest of  tbe  master,  be  furnisbed  by  tbe  collector  for  tbe  district 
wbere  sucb  vessel  may  be,  witb  a  passport,  tbe  form  for  wbicb  sball  be 
prescribed  by  tbe  Secretary  of  State.  In  order  to  be  entitled  to  sucb 
|)assp()rt,  tbe  master  of  every  sucb  vessel  sball  be  bound,  witb  suflicient 
sureties,  to  tbe  Treasurer  of  tbe  United  States,  in  tbe  penalty  of  two 
thousand  dollars,  conditioned  tbat  tbe  passport  sball  not  be  applied  to 
tbe  use  or  protection  of  any  other  vessel  than  tbe  one  described  in  it; 
and  that,  in  case  of  tbe  loss  or  sale  of  any  vessel  bavinjj  sucb  passport, 
tbe  same  sball,  within  three  months,  be  delivered  up  to  the  collector 
from  whom  it  was  received,  if  tbe  loss  or  sale  take  place  within  tbe 
United  States;  or  within  six  months,  if  tbe  same  shall  happen  at  any 
place  nearer  than  the  Cape  of  Good  Hope;  and  within  eigbteen  months, 
if  at  a  more  distant  place. 

Sec.  4307.  If  any  vessel  of  tbe  United  States  sball  depart  therefrom, 
and  sball  be  bound  to  any  foreign  country,  other  than  to  some  port  in 
America,  without  such  passport,  the  master  of  sucb  vessel  sball  be  lia- 
ble to  a  penalty  of  two  hundred  dollars  for  every  sucb  oliense. 

Sec.  4308.  Evety  unregistered  vessel  owned  by  a'citizen  of  tbe  United 
States,  and  sailing  witli  a  sea-letter,  going  to  any  foreign  country,  shall, 
before  she  dejiartsfrom  the  United  States,  at  tbe  request  of  the  master, 
be  furnished  by  the  collector  of  tbe  district  wbere  such  vessel  may  be 
witb  a  passport,  for  which  the  master  sball  be  subject  to  tbe  rules  and 
conditions  ])rescribed  for  vessels  of  tbe  United  States. 

Sec.  4300.  rCvery  master  of  a  vessel,  belonging  to  citizens  of  tbe 
United  States,  wlio  sball  sail  from  any  port  of  the  United  States,  shall, 
on  bis  arrival  at  a  foreign  l>ort,  deposit  bis  register,  sea-letter,  and 
Mediterranean  pass])ort  with  tbe  consul,  vice-consul,  commercial  agent, 
or  vicecoinmercial  agent,  if  any  there  be  at  sucb  port;  and  it  shall  be 
tbe  duty  of  such  consul,  vice-consul,  commercial  agent,  or  vice  com- 

4.3 


44  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

niercial  auent,  on  such  master  or  connnander  producing  to  him  a  clear- 
ance froni  the  proper  officer  of  the  i)ort  where  his  vessel  may  be,  to 
deliver  to  the  master  all  of  his  papers,  if  such  master  or  comiuander  has 
complied  with  the  provisions  of  law  relating  to  the  discharge  of  sea- 
men in  a  foreign  country,  and  to  the  payment  of  the  fees  of  consular 
officers. 

Skc.  4310.  Every  master  of  any  such  vessel  who  refuses  or  neglects 
to  deposit  the  i)apers  as  required  by  the  preceding  section,  shall  be 
liable  to  a  penalty  of  five  hundred  dollars,  to  be  recovered  by  such 
consul,  vice  consul,  commercial  agent,  or  vice-commercial  agent,  in  his 
own  name,  for  the  benefit  of  the  United  States,  in  any  court  of  compe- 
tent iurisdiction. 


2.— REGULATION  OF  VESSELS  IN  DOMESTIC  TRADE. 

(Revised  Statutes,  Title  L.) 

♦Sec.  4311.  Vessels  of  twenty  tons  and  upward,  enrolled  in  pursuance 
of  this  Title,  and  having  a  license  in  force,  or  vessels  of  less  than  twenty 
tons,  which,  although  not  enrolled,  have  a  license  in  force,  as  required 
by  this  Title,  and  no  others,  shall  be  deemed  vessels  of  the  United 
States  entitled  to  the  privileges  of  vessels  employed  in  the  coasting- 
trade  or  fisheries. 

Sec.  4312.  In  order  for  the  enrollment  of  any  vessel,  she  shall  pos- 
sess the  same  qualifications,  and  the  same  requirements  in  all  respects 
shall  be  complied  with,  as  are  required  before  registering  a  vessel ;  and 
the  same  powers  and  duties  are  conferred  and  imposed  upon  all  officers, 
respectively,  and  the  same  proceedings  shall  be  had,  in  enrollment  of 
vessels,  as  are  prescribed  for  similar  cases  in  registering;  and  vessels 
enrolled,  with  the  masters  or  owners  thereof,  shall  be  subject  to  the 
same  requirements  as  are  prescribed  for  registered  vessels.     [Amended.] 

Sec.  4313.  Enrollments  and  licenses  for  vessels  owned  by  any  incor- 
porated company  may  be  issued  in  the  name  of  the  president  or  secre- 
tary of  such  comi)any ;  and  such  enrollments  or  licenses  shall  not  be 
vacated  or  affected  by  any  sale  of  shares  of  stock  in  such  company. 

Sec.  4314.  Previously  to  granting  enrollment  and  license  for  any  ves- 
sel, owned  by  any  comi)any,  the  president  or  secretary  of  such  company 
shall  swear  to  the  ownership  of  such  vessel,  by  such  company,  without 
designating  the  names  of  the  persons  composing  such  company  :  which 
oath  shall  be  deemed  sufficient,  without  requiring  the  oath  of  any  other 
person  interested  oi»  concerned  in  such  vessel. 

Sec.  4315.  Upon  the  death,  removal,  or  resignation  of  the  president 
or  secretary  of  any  incorporated  company  owning  any  steamboat  or  ves- 
sel, a  new  enrollment  and  license  shall  be  taken  out  for  such  steamboat 
or  vessel. 

Sec.  431(5.  Any  steamboat  employed  or  intended  to  be  employed  only 
in  a  river  or  bay' of  the  United  States,  owned  wholly  or  in  part  by  an 
alien  resident  within  the  United  States,  may  be  enrolled  and  licensed, 
as  if  the  same  belonged  to  a  citizen  of  tlie  United  States,  subject  to  all 
[tjhe  provisions  of  this  Title,  except  that,  in  such  case,  no  oath  shall  be 
required  that  the  boat  belongs  to  a  citizen  of  the  United  States. 

"See  act  of  Dec.  31,  1792,  chap.  1,  sec.  5. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  45 

Sec.  4317.  Sucli  resident  alien,  owner  of  any  steamboat,  upon  appli- 
cation for  enrollment  or  license,  shall  give  bond  to  the  collector  of  the 
district,  for  the  use  of  the  United  States,  in  the  penalty  of  one  thou- 
sand dollars,  with  sufficient  surety,  conditioned  that  the  boat  shall  not 
be  employed  in  other  waters  than  the  rivers  and  bays  of  the  United 
States. 

Sec.  4:U8.  Any  vessel  of  the  United  States,  navigating  the  waters  on 
the  northern,  nort'ieastern,  and  northwestern  frontiers,  otherwise  than 
by  sea,  shall  be  enrolled  and  licensed  in  such  form  as  other  vessels ; 
such  enrollment  and  license  shall  authorize  any  such  vessel  to  be  em- 
ployed either  in  the  coasting  or  foreign  trade  on  such  frontiers,  and  no 
cer'tiiicate  of  registry*  shall  be  required  for  vessels  so  employed.  Such 
vessel  shall  be,  in  every  other  respect,  liable  to  the  regulations  and 
penalties  relating  to  registered  and  licensed  vessels. 

f  Sec.  4319.  The  record  of  the  enrolhnent  of  a  vessel  shall  be  made, 
and  an  abstract  or  copy  thereof  granted,  as  nearly  as  may  be  in  the 
following  form:  f"]  Enrollment.  In  conformity  to  Title  L,' '  Kegula- 
TiON  OF  VESSELS  IN  DOMESTIC  COMMERCE,'  of  the  Revised  Statutes 
of  the  United  States,  (inserting  here  the  name  of  the  person,  with  his 
occupation  and  place  of  abode,  by  whom  the  oath  or  affirmation  is  to  be 
made.)  having  taken  and  subscribed  the  oath  (or  affirmation)  required 
by  law,  and  having  sworn  (or  affirmed)  that  he  (or  she,  and  if  more 
than  one  owner  adding  the  words  '  together  with,'  and  the  name  or 
names,  occupation  or  occupations,  place  or  places  of  abode  [,J  of  the  owner 
or  owners,  and  the  part  or  proportion  of  such  vessel  belonging  to  each 
owner)  is  (or  are)  a  citizen  (or  citizens)  of  the  United  States,  and  sole 
owner  (or  owners)  of  the  ship  or  vessel  called  the  (inserting  here  her 
name),  of  (inserting  here  the  name  of  the  pent  to  which  she  may  belong), 
whereof  (inserting  here  the  name  of  the  master)  is  at  present  nuister, 
and  is  a  citizen  of  the  United  States,  and  that  the  said  ship  or  vessel 
was  (inserting  here  when  and  where  built),  and  (inserting  here  the  name 
and  office,  it  any,  of  the  person  by  whom  she  shall  have  been  surveyed 
and  measured),  having  certified  that  the  said  ship  or  vessel  has  (insert- 
ing here  thenumber  of  decks),  and  (inserting  here  the  number  of  masts), 
and  that  her  length  is  (inserting  here  the  number  of  feet),  her  breadth 
(inserting  here  the  number  of  feet),  her  (lei)th  (inserting  here  the  num- 
ber of  feet),  and  that  she  measures  (inserting  here  her  luunber  of  tons); 
that  she  is  (describing  here  the  particular  kind  of  vessel,  whether  ship, 
brigantine,  snow,  schooner,  sloop,  or  whatever  else,  together  with  her 
build,  and  specifying  whether  she  has  any  or  no  gallery  or  head),  and  the 
said  (naming  the  owner  or  the  master,  or  other  person  acting  in  beiialf 
of  the  owner  or  owners,  by  whom  the  certificate  of  measurement  shall 
have  been  countersigned),  having  agreed  to  the  •description  and  meas- 
urement above  si)ecified,  and  sufjficient  security  having  been  given  ac- 
cording to  the  said  Title,  the  said  ship  or  vessel  has  been  duly  en- 
rolled at  the  port  of  (naming  the  port  where  enrolled).  Given  under 
my  haiul  and  seal,  at  (na?ning  the  said  port),  this  (inserting  the  particular 
day)  day  of  (naming  the  month),  in  the  year  (specifying  the  number  of 
the  year,  in  words,  at  length)." 

Sec.  4320.  In  order  to  the  licensing  of  any  vessel  for  carrying  on  the 
coasting-trade  or  fisheries,  the  husband,  or  managing  owner,  together 
with  the  master  thereof,  with  one  or  more  sureties  to  the  satisfaction  of 
the  collector  granting  the  same,  shall  become  bound  to  pay  to  the  United 
States,  if  such  vessel  be  of  the  burden  of  five  tons  and  less  than  twenty 


'See  soc.  4220 


-See  soc.  4220. 

+  See  acts  of  Feb.  18,  179:5,  chap.  8,  sec.  2,  ami  July  2d,  IrffiO,  chap.  27,  sec.  5. 


46  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

tons,  the  sum  of  one  lunulied  dollars ;  and  if  twenty  tons  and  not  ex- 
ceediiio-  thirty  tons,  the  sum  of  two  hundred  dollars;  and  if  above 
thirty  tons  and  not  exceeding  sixty  tons,  the  sum  of  five  hundred  dol- 
lars;" and  if  above  sixty  tons,  the  sum  of  one  thousand  dollars,  in  case 
it  shall  appear,  within'two  years  from  the  date  of  the  bond,  that  such 
vessel  has  been  employed  "in  any  trade  whereby  the  revenue  of  the 
United  States  has  been" defrauded",  during  the  time  the  license  granted 
to  such  vessel  remained  in  force.  The  master  of  such  vessel  shall  also 
swear  that  he  is  a  citizen  of  the  United  States,  and  that  such  license 
shall  not  be  used  for  any  other  vessel  or  any  other  employment  than 
that  for  which  it  is  specially  granted,  or  in  any  trade  or  business  where- 
by the  revenue  of  tlie  Uni"ted  States  may  be  defrauded;  and  if  suck 
vessel  be  less  than  twenty  tons  burden,  the  husband  or  managing 
owner  shall  swear  that  she  is  wholly  the  property  of  citizens  of  the 
United  States;  whereupon  it  shall  be  the  duty  of  the  collector  of  the 
district  comprehending  the  port  whereto  such  vessel  may  belong  to 
grant  a  license. 

Sec.  43:^1.  The  form  of  a  license  for  carrying  on  the  coasting-trade 
or  fisheries  shall  be  as  follows : 

"License  for  carrying  on  the  (here  insert '  coasting  trade,' 'whale- 
fishery,'  '  mackerel-fishery,'  or  '  cod-fishery,'  as  the  case  may  be). 

"  In  pursuance  of  Title  L,  '  Regulation  of  vessels  in  domestic 
COMMERCE,'  of  the  Revised  Statutes  of  the  United  States,  (inserting 
here  the  name  of  the  husband  or  managing  owner,  with  his  occupation 
and  place  of  abode,  and  the  name  of  the  master,  with  the  place  of  his 
abode),  having  given  bond  that  the  (insert  here  the  description  of  the 
vessel,  whether  ship,  brigantiue,  snow,  schooner,  sloop,  or  whatever 
else  she  may  be),  called  the  (insert  here  the  vessel's  name),  whereof  the 
said  (naming  the  master)  is  master,  burden  (insert  here  the  number  of 
tons,  in  words)  tons,  as  appears  by  her  enrollment,  dated  at  (naming 
the  district,  day,  month  and  year,  in  words  at  length,  but  if  she  be  less 
than  twenty  tons,  insert,  instead  thereof,  'proof  being  had  of  her  ad- 
measurement') shall  not  be  employed  iu  any  trade,  while  this  license  shall 
continue  iu  force,  whereby  the  revenue  of  the  United  States  shall  be 
defrauded,  and  having  also  sworn  (or  affirmed)  that  this  license  shall 
not  be  used  for  any  other  vessel,  or  for  any  other  employment,  than  is 
herein  si)ecified,  li'cense  is  hereby  granted  for  the  said  (inserting  here 
the  description  of  the  vessel)  called  the  (inserting  here  the  vessel's 
name,)  to  be  employed  in  carrying  on  the  (inserting  here  'coasting-trade,' 
'whale-fishery,'  '  mackerel-fishery,'  or  '  cod-fishery',  as  the  case  may  be), 
for  one  year  from  the  date  hereof,  and  no  longer.  Given  under  my 
hand  and  seal  at  (naming  the  said  district),  this  (inserting  the  particu- 
lar day)  day  of  (namiiTg  the  mouth),  in  the  year  (specifying  the  number 
of  the  year  in  words  at  length"). 

Sec.  4322.  The  collectors  of  the  several  districts  may  enroll  and 
license  any  vessel  that  may  be  registered,  upon  such  registry  being 
given  up,  or  may  register  any  vessel  that  may  be  enrolled,  upon  such 
enrollment  and  license  being  given  up. 

Sec;.  4323.  ^Vhen  any  vessel  shall  be  in  any  other  district  than  the 
one  to  which  she  belongs,  the  collector  of  such  district,  on  the  ajiplica- 
tion  of  the  master  thereof,  and  ui)on  his  taking  an  oath  that,  according 
to  his  best  knowledge  and  belief,  the  property  remains  as  expressed  in 
the  register  or  enrollment  proposed  to  be  given  up,  and  ui)on  his  giving 
the  boiuls  required  for  granting  registers,  shall  make  the  exchange  of 
an  enrollment  for  a  register  or  a  register  for  an  enrollment;  but  in 
every  such  case,  the  collector  to  whom  the  register  or  enrollment  and 
license  may  be  given  up  shall  transmit  the  same  to  the  Register  of  the 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.        47 

Treasury;  and  the  register,  or  eiirollinent  and  license,  granted  in  lieu 
thereof,  shall,  witliin  ten  days  after  the  arrival  of  such  vessel  within 
the  district  to  which  she  belongs,  be  delivered  to  the  collector  of  the 
district,  and  be  by  him  canceled.  If  the  master  shall  neglect  to  deliver 
the  register  or  enrollment  and  license  within  such  time,  he  shall  be 
liable  to  a  i)enalty  of  one  hundred  dollars. 

Sec.  4324.  Ko  license,  granted  to  any  vessel,  shall  be  considered  in 
force  any  longer  than  such  vessel  is  owned,  and  of  the  description  set 
forth  in  such  license,  or  for  carrying  on  any  other  business  or  employ- 
ment than  that  for  which  she  is  specially  licensed. 

Sec.  4325.  The  license  granted  to  any  vessel  shall  be  given  up  to  the 
collector  of  the  district  who  may  have  granted  the  same,  within  three 
days  after  the  expiration  of  the  time  for  which  it  was  granted,  in  case 
such  vessel  be  then  within  the  district,  or  if  she  be  absent  at  that  time, 
within  three  days  from  her  first  arrival  Avithin  the  district  afterward, 
or  if  she  be  sold  out  of  the  district,  within  three  days  after  the  arrival 
of  the  master  within  any  district,  to  the  collector  of  such  district,  tak- 
ing his  certificate  therefor  ;  and  if  the  master  thereof  shall  neglect  or 
refuse  to  deliver  up  the  license,  he  shall  be  liable  to  a  penalty  of  fifty 
dollars. 

Sec.  4326.  If  such  license,  however,  shall  have  been  previously  given 
up  to  the  collector  of  any  other  district,  as  authorized  by  this  Title, 
and  a  certificate  thereof  under  the  hand  of  such  collector  be  produced 
by  such  master,  or  if  such  license  be  lost,  or  destroyed,  or  uninten- 
tionally mislaid  so  that  it  cannot  be  found,  and  the  master  of  such 
vessel  shall  make  and  subscribe  an  oath  that  such  license  is  lost,  de- 
stroyed, or  unintentionally  mislaid,  as  he  verily  believes,  and  that  the 
same,  if  found,  shall  be  delivered  up,  as  is  herein  reqnired,  then  the 
penalty  prescribed  in  the  preceding  section  shall  not  be  incurred.  If 
such  license  shall  be  lost,  destroyed,  or  unintentionally  mislaid,  before 
the  expiration  of  the  time  for  which  it  was  granted,  upon  the  like  oath 
being  made  and  subscribed  by  the  master  of  such  vessel,  the  collector, 
upon  application  being  made  therefor,  shall  license  such  vessels  anew. 

Sec.  4327.  The  owner  of  anj'  licensed  vessel  may  return  such  license 
to  the  collector  who  granted  the  same,  at  any  time  within  the  year  for 
which  it  was  granted;  and  thereupon  the  collector  shall  cancel  the 
same,  and  shall  license  such  vessel  anew,  upon  the  application  of  the 
owner,  and  upon  the  conditions  hereinbefore  required  being  complied 
with. 

Sec.  4328.  Whenever  it  becomes  necessary  for  the  owner  of  any  ves- 
sel of  the  United  States  navigating  the  western  rivers  or  the  waters  on 
the  northern,  northeastern,  and  northwestern  frontiers  of  the  United 
States  otherwise  than  by  sea,  and  being  in  a  district  other  than  that  to 
which  such  vessel  belongs,  to  procure  her  enrollment  and  license,  or 
license,  or  renewal  thereof,  the  same  proceedings  may  be  had  in  the  dis- 
trict in  which  the  vessel  then  is  as  are  required  by  law  on  ap}>lication 
for  such  enrollment  and  license,  or  license,  or  renewal  thereof,  as  the 
case  may  be,  in  the  district  to  which  such  vessel  belongs,  excei)ting  the 
giving  of  bond  and  the  enrollment  and  issuance  of  license ;  and  the 
officer  befoie  whom  such  proceeding  is  had  shall  certify  the  same  to  the 
collector  of  the  district  to  which  such  vessel  belongs,  who  shall  there- 
upon, on  the  owner  giving  bond  as  required  in  other  cases,  duly  enroll 
the  vessel  and  issue  license  in  the  same  form  as  if  the  application  had 
originally  been  made  in  his  office ;  and  sftall  either  deliVer  the  license 
to  the  owner,  or  forward  it  by  mail  to  the  officer  who  certified  to  him 
the  preliminary  proceedings  ;  and  in  the  latter  case,  such  officer  shall 
deliver  the  license  to  the  owner  or  master  of  the  vessel. 


48  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Sec.  4329.  Whenever  it  appears,  by  satisfactory  proof,  to  the  Secre- 
taay  of  the  Treasury  that  any  vessel  has  been  sold  and  transferred  by 
process  of  law,  and  that  the  certificate  of  enrollment  or  license  of  such 
vessel  is  retained  by  the  former  owner,  the  Secretary  may  direct  the 
collector  of  the  district  to  which  such  vessel  belongs  to  grant  a  new  cer- 
tiUcate  of  enrollment  or  license,  on  the  owner's,  under  such  sale,  com- 
plying with  such  terms  and  conditions  as  are  bylaw  required  for  grant- 
ing of  such  pajters,  excepting  only  the  delivering  up  of  the  former  certifi- 
cate of  enrollment  or  license.  But  nothing  in  this  section  shall  be  con- 
strued to  remove  the  liability  of  any  person  to  any  penalty  for  not  sur- 
rendering up  the  papers  belonging  to  any  vessel,  on  a  transfer  or  sale 
of  the  same. 

*  Sec.  4330.  No  license,  or  enrollment  and  license,  nor  renewal  of 
either,  shall  hereafter  be  issued  to  any  vessel  until  the  collector  to  whom 
application  is  made  for  the  same  is  satisfied,  from  the  oath  of  the  owner 
or  master,  that  all  equipuients  and  repairs,  made  in  a  foreign  port 
within  the  year  immediately  preceding  such  application,  have  been  duly 
accounted  for,  and  the  duties  accruing  thereon  duly  paid;  and  if  such 
owner  or  master  shall  refuse  to  take  such  oath,  or  take  it  falsely,  the 
vessel. shall  be  seized  and  iorfeited. 

Sec.  4331.  Before  any  vessel,  of  the  burden  of  five  tons,  and  less  than 
twenty  tons,  shall  be  licensed,  the  same  measurement  shall  be  made  of 
such  vessel,  and  the  same  provisions  observed  relative  thereto,  as  are 
to  be  observed  in  case  of  measuring  vessels  to  be  registered  or  enrolled ; 
but  ill  all  cases,  where  such  vessel  or  any  other  licensed  vessel  shall  have 
been  once  measured,  it  shall  not  be  necessary  to  measure  such  vessel 
anew^,  for  the  purpose  of  obtaining  another  enrollment  or  license,  unless 
such  vessel  shall  have  undergone  some  alteration  as  to  her  burden, 
subsequent  to  the  time  of  her  former  license. 

Sec.  4332.  In  every  case  where  the  collector  is  by  this  Title  directed 
to  grant  any  enrollment,  license,  certificate,  permit  or  other  document, 
the  naval  officer  residing  at  the  port,  if  there  be  one,  shall  sign  the 
same  •,  and  every  surveyor  who  certifies  a  manifest,  or  grants  any  per- 
mit, or  who  receives  any  certified  manifest,  or  any  permit,  as  is  provided 
for  iu  this  Title,  shall  make  return  thereof  monthly,  or  sooner,  if  it  can 
conveniently  be  made,  to  the  collector  of  the  district  where  such  sur- 
veyor resides. 

Sec.  4333.  The  collector  of  each  district  shall  progressively  number 
the  license  by  him  granted,  beginuiug  anew  at  the  commencement  of 
each  year,  and  shall  make  a  record  thereof  in  a  book,  to  be  by  him  kept 
for  that  purpose,  and  shall,  once  iu  three  months,  transmit  to  the  Keg- 
ister  of  the  Treasury  copies  of  the  licenses  which  shall  have  been  so 
granted  by  him  ;  and  also  of  such  licenses  as  shall  have  been  given  up 
or  returned  to  him,  respectively,  in  pursuance  of  this  Title.  Whenever 
any  vessel  is  licensed  or  enrolled  anew,  or  being  licensed  or  enrolled  is 
afterward  registered,  or  being  registered  is  afterward  enrolled  or  li- 
censed, she  shall,  in  every  such  case,  be  enrolled,  licensed,  or  registered 
by  her  former  name. 

Sec.  4334.  Every  licensed  vessel  shall  have  her  name,  and  the  port 
to  which  she  belongs,  painted  on  her  stern,  in  the  manner  prescribed 
for  registered  vessels  ;  and  if  any  licensed  vessel  be  found  without  such 
]»ainting,  the  owner  thereof  shall  be  liable  to  a  penalty  of  twenty  dol- 
lars. 

Sec.  4335.  Whenever  the  nnaster  of  any  licensed  vessel,  ferry-boats 
excepted,  is  changed,  the  new  master,  or,  in  case  of  his  absence,  the 

*See  sees.  3114  aucl  3115. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  49 

owner  or  one  of  the  owners  thereof,  shall  report  snch  ehanue  to  the  col- 
lector residinji- at  the  i)ort  where  the  same  hai>i)ens,  if  there  be  one; 
otherwise,  to  the  collector  residinji'  at  any  port  where  such  vessel  next 
arrives,  who,  njKtn  the  oath  of  snch  new  master,  or,  in  case  of  his 
absence,  of  the  owner,  that  snch  master  is  a  citizen  of  the  CTnited  States, 
and  that  such  vessel  shall  not,  while  snch  license  continues  in  force,  be 
emploved  in  any  manner  whereby  the  revenue  of  the  United  States  may 
be  detVanded,  shall  indorse  such  chan<ie  on  the  license,  with  the  mime 
of  the  new  master.  Whenever  such  change  is  not  reported,  and  in- 
dorsed, as  herein  required,  such  vessel,  if  found  carrying  on  the  coast- 
ing-trade or  lisheries,  shall  be  subject  to  pay  the  same  fees  and  tonnage 
as  a  vessel  of  the  United  States  having  a  register,  and  the  new  master 
shall  be  liable  to  a  penalty  of  ten  dollars. 

Sec.  43iG.  Any  officer  concerned  in  the  collection  of  the  revenue  may 
at  all  times  insjject  the  enrollment  or  license  of  any  vessel ;  and  if  the 
master  of  any  such  vessel  shall  not  exhibit  the  same,  when  retpiired  by 
such  officer,  he  shall  be  liable  to  a  ])enalty  of  one  hundred  dollars. 

Sec.  4337.  If  any  vessel,  enrolled  or  licensed,  shall  proceed  on  a  for- 
eign voyage,  without  first  giving  up  her  enrollment  and  license  to  the 
collector  of  the  district  comprehending  the  ]»ort  from  which  slie  is  about 
to  ])roceed  on  such  voyage,  and  being  duly  registered  by  such  collector, 
every  such  vessel,  together  with  her  tackle,  apparel,  and,  furniture,  and 
the  merchandise  so  imported  therein,  shall  be  liable  to  seizure  and  for- 
feiture. 

Sec.  433S.  If  the  port  from  which  any  vessel,  so  enrolled  or  licensed 
is  about  to  proceed  on  a  foreign  voyage,  is  not  within  the  district  where 
such  vessel  is  enrolled,  the  collector  of  such  district  shall  give  to  the 
master  of  such  vessel  a  certificate,  specifying  that  the  enrollment  and 
license  of  such  vessel  has  been  received  by  him,  and  the  time  when  it 
was  so  received;  which  certificate  shall  afterward  be  delivered  by  the 
master  to  the  collector  who  may  have  granted  such  enrollment  and 
license. 

Sec.  4339.  All  vessels  which  may  clear  with  registers  for  the  purpose 
of  engaging  in  the  whale  fishery  shall  be  deemed  to  have  lawful  and 
sufficient  -papers  for  such  voyages,  securing  the  privileges  and  rights  of 
registered  vessels,  and  the  jirivileges  and  exemptions  of  vessels  euorlled 
and  licensed  for  the  fisheries. 

Sec.  4340.  The  assistant  collector  at  Jersey  City  may  enroll  and 
license  all  vessels  engaged  in  the  coasting-trade  and  fisheries,  owned  in 
whole  or  in  part  by  residents  of  the  counties  of  Hudson  and  Bergen,  in 
the  State  of  New  Jersey. 

Sec.  4341.  The  assistant  collector  for  the  port  of  Camden,  in  New  Jer- 
sey, may  enroll  and  license  all  vessels  engaged  in  the  coasting-trade  and 
fisheries,  owned  in  whole  or  in  part  by  residents  of  that  portion  of  the 
Bridgeton  district  lying  north  of  AJloway's  Creek,  in  the  county  of 
Salem,  in  the  State  of  New  Jersey. 

Sec!  4312.  The  owners  of  vessels  residing  on  New  River,  in  Onslow 
County,  in  the  State  of  North  Carolina,  shall  have  the  privilege  of  taking 
out  registers  or  enrollments  and  licenses  at  Wilmington,  in  that  State, 
and  the  collector  of  that  district  may  grant  the  same  on  the  conditions 
required  by  law. 

Sec.  4i43.  The  dei)uty  collector  who  may  b3  appointed  to  reside  at 
Chesapeake  City,  in  Maryland,  shall  have  power  to  grant  enrollments 
and  licenses  to  vessels. 

Sec.  4344.  The  Secretary  of  the  Treasury  may  authorize  the  surveyor 
of  any  port  of  delivery,  under  such  regulations  as  he  shall  deem  neces- 
'  H.  Mis.  391 '-\ 


50  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

sary,  to  enroll  and  license  vessels  to  be  em])loye(l  in  the  coasting-trade 
and  tislieiies,  in  like  manner  as  collectors  of  ports  of  entry  are  author- 
ized to  (!()[.] 

Hkc.  4."U5.  The  surveyors  a))pointed  for  the  ports  of  Cold  Spring-,  on 
the  north  side  of  Long  Islan<l,  Greenport  and  Port  .lefferson,  all  in  the 
State  of  New  York,  s;hall  have  power  to  enroll  and  license  vessels  to  be 
emi)loyed  in  the  coasting  trade  and  fisheries,  and  to  enter  and  clear,  and 
grant  registers  and  other  usual  papers  to  ves-els  eniployed  in  the  whale- 
fisheries,  under  such  restrictions  and  regulations  as  the  Secretary  of  the 
Treasury  nuiy  deeui  necessary. 

Sec.  4340.  Any  surveyor  who  shall  perform  the  duties  directed  to  be 
performed  by  the  two  preceding  sections  shall  be  entitled  to  receive  the 
same  commissions  and  fees  as  are  allowed  by  law  to  collectors,  for  per- 
forming the  same  duties. 

Se(^  4347.  !No  merchandise  shall  be /?wj;or/er7  [trans])orte(l],*  under  pen- 
alty of  lorfeiture  thereof,  from  one  i)ort  of  the  United  States  to  another 
l)ort  of  the  United  States,  in  a  vessel  belonging  wholly  or  ia  i)art  to  a 
subject  of  any  foreign  i)0wer ;  but  this  section  shall  not  be  construed  to 
prohibit  the  sailing  of  any  foreign  vessel  from  one  to  another  port  of 
the  United  States,  i)rovided  no  merchandise,  other  than  that  imported 
in  such  vessel  Irom  some  foreign  port,  and  which  shall  not  have  been 
unladen,  shall  be  cairied  from  one  port  or  place  to  another  in  the  United 
States:  Provided,  hotccver,  That  from  the  date  of  the  President's  proc- 
lamation dechiring  that  he  has  evidence  that  the  Imperial  Parliament  of 
Great  Britain,  the  Parliament  of  Canadn,  and  the  legislature  of  Prince 
Edward's  Island  have  passed  laws  on  their  part  to  give  effect  to  the 
provisions  of  the  treaty  of  Washington  of  May  eighth,  eighteen  hun- 
dred and  seventy -one,  as  contained  in  articles  eighteen  to  twenty-five, 
inclusive,  and  article  thirty  of  said  treaty;  and  so  long  as  said  articles 
remain  in  force,  according  to  the  terms  and  conditions  of  article  thirty- 
third  of  said  treaty,  all  subjects  of  Her  Britannic  Majesty  may  carry  in 
British  vessels,  without  payment  of  duty,  goods,  wares,  or  merchandise 
from  one  ])ort  or  place  within  the  territory  of  the  United  States,  upon 
the  Saint  Lawrence,  the  great  lakes,  and  the  rivers  connecting  the  same, 
to  another  i)ort  or  i)lace  within  the  territory  of  the  United  States  as 
aforesaid:  And  provided  further,  That  a  ])ortiou  of  such  transportation 
is  nuide  through  the  Dominion  of  Canada  by  land-carriage  and  in  bond, 
under  such  rules  and  regulations  as  may  be  agreed  upon  between  the 
Govenimentof  Her  Britannic  Majesty  and  theGoverument  of  the  United 
States:  And  providtd  further,  That  the  President  of  the  United  States 
may,  by  proclamation,  suspend  the  right  of  carrying  provided  for  by 
this  section,  in  case  the  Dominion  of  Canada  should  at  any  time  de{)rive 
the  citizens  of  the  United  States  of  the  use  of  the  canals  in  the  said 
Dominion  on  terms  of  equality  with  the  inhabitants  of  the  Dominion,  as 
])rovided  in  article  twenty  seventh  of  said  treaty :  And  provided  further, 
That  in  case  any  exjmrt  or  other  duty  continues  to  be  levied  after  the 
sixteenth  day  of  June,  eighteen  hundred  and  seventy  two,  »k>  |on]t  lum- 
ber or  timber  of  any  kind  eut  on  that  portion  of  the  American  territory, 
in  the  State  of  ]\Iaine,  watered  by  the  river  Saint  John  and  its  tribu- 
taries, and  floated  down  that  river  to  the  sea,  when  the  same  is  shipped 
to  the  United  States  from  the  ])rovince  of  New  Brunswick,  that  then, 
and  in  that  case,  tlie  President  of  the  United  States  may,  by  proclama- 
tion, suspend  all  rights  of  carrying  provided  for  by  this  section  for  such 
period  as  such  exi)ort  or  other  duty  may  be  levied. 

*  See  Report  of  Coniniissioners  on  Revision  of  the  Statutes,  vol.  2,  p.  2090,  sec.  37. 
tSee  Treaty  of  Washiugton,  Art.  XXXI. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  51 

Sec.  4348.*  The  sea-coast  and  navigable  rivers  of  the  United  States 
shall  be  divided  into  three  great  districts:  the  first  to  include  all  the 
collection-districts  on  the  sea  coast  and  navioal)le  rivers,  between  the 
eastern  limits  of  the  United  States  and  the  southern  limits  of  Georgia; 
the  second  to  include  all  the  collection  districts  on  the  sea-coast  and 
navigable  rivers  between  the  river  Terdido  and  the  Kio  Grande;  and 
the  third  to  inclnde  all  tlie  collection-districts  on  the  sea  const  and 
navigable  rivers  between  the  sonthern  limits  of  Georgia  and  the  river 
Perdido.t 

*  See  sec.  3977. 

tTlie  old  coasting  law,  which  was  enacted  prior  to  the  pnrciiase  of  Florida  fron» 
Spain,  provided  for  two  jireat  coasting  districts,  hut  when  that  Territory  was  annexed 
Florida  wascall.d  the  third  coasting  district,  a_nd  since  that  time  the  Atlantic  coast 
has  been  divided  into  three  great  coasting  districts.* 

A  vessel  of  twentv  tons  burden  or  upwards,  licensed  for  the  coasting  trade,  bound 
from  one  collection'  district  to  another  within  the  same  great  coasting  district,  or 
between  a  State  in  one  and  an  adjoining  State  in  another  great  district,  or  a  vessel  of 
less  than  twenty  tons  burden,  licensed  tor  the  coasting  trade,  bound  from  a  collection 
district  in  one  State  to  a  collection  district  in  the  same  or  an  adjoining  State  on  the 
sea-coast  or  navigable  waters  of  the  United  States,  in  ballast  or  having  on  board 
goods,  wares,  or  merchandise  of  the  growth  or  product  of  the  United  States  only, 
except  distilled  spirits  or  distilled  spirits  not  exceeding  500  gallons,  or  wine  in  casks 
not  exceeding  2r)0  gallons,  or  wine  in  bottles  not  exceeding  100  dozen,  or  sugar  in 
casks  or  boxes  not  exceeding  :<,000  pounds,  or  tea  in  chests  or  boxes  not  exceeding 
500  pounds,  or  coffee  in  casks  or  bags  not  exceeding  1,000  ponnds,  or  foreign  merchan- 
dise in  packages  as  imported,  not  exceeding  in  value  ,$400,  or  foreign  merchandise  of 
any  kind,  including  any  or  all  of  the  articles  before  mentioned,  the  aggregate  value 
of  which  does  not  exceed  $>S00,  the  duties  upon  which  have  been  paid  or  secured,  may 
proceed  from  one  place  to  another,  within  the  limits  aforesaid,  without  delivering  a 
manifest  theieof,  or  obtaining  from  any  officer  of  the  customs  a  permir,  to  the  port. 

The  master  of  a  vessel  of  the  burden  of  twenty  tons  or  upwards,  licensed  for  the 
coasting  trade,  bound  from  one  collection  district  to  another  within  the  same  great 
coasting  district,  or  from  a  State  in  one  to  an  adjoining  State  in  another  great  coasting 
district;  or  of  a  vessel  ol  less  than  twenty  tons  burden, licensed  for  the  coasting 
trade,  bound  from  a  collection  district  in  one  State  to  a  collection  district  in  the  same 
or  an  adjoining  S  ate,  on  the  sea-coast  or  navigable  waters  of  the  United  States, 
having  on  board  any  of  the  articles  of  foreign  growth  or  manufacture  oi  distilled 
spirits,  exceeding  the  quantities  or  value  before  mentioned,  or  any  or  all  of  said  arti- 
cles, exceeding  in  the  aggregate  .$800  in  value,  must,  previous  to  the  departure  of  the 
vessel,  make  out  and  suliscribe  duplicate  manifests  of  the  whole  cargo  on  board. 

The  master  of  every  vessel  of  the  burden  of  twenty  tons  or  upwards,  licensed  for 
the  coasting  trade,  bound  from  one  to  another  great  coasting  district,  except  from  a 
State  ill  one  trf  an  adjoining  State  in  another  great  coasting  district,  or  of  a  vessel  of 
less  than  twenty  tons  burden,  licensed  for  the  coasting  trade,  bound  to  any  collection 
district  other  than  a  collection  district  in  the  same  or  an  adjoining  State,  on  the  sea- 
coast  or  navigable  waters  of  the  United  States,  must,  previously  to  his  departure, 
deliver  to  the  collector  residing  at  the  port,  or,  if  there  be  no  collector  at  such  port, 
to  the  collector  of,  or  a  surveyor  residing  within,  the  district  nearest  the  port  where 
the  vessel  may  be,  duplicate  manifests  of  the  cargo  on  board  such  vessel,  to  which  he 
must  make  oath  or  aftinnation. 

All  registered  vessels  engaged  in  the  coasting  trade,  bound  from  one  collection  dis- 
trict to  another  collection  district,  are  subjtet  to  the  same  regulations  as  to  their 
movenu'iits  and  the  delivery  of  manifests  as  licensed  vessels  under  twenty  tons  bur- 
den.    The  regnlati<m  regarding  great  coasting  districts  does  not  affect  them. 

Alien  tonnage  accrues  on  vrtjsels  engaged  in  the  coasting  trade  without  marine 
documents  granted  under  the  laws  of  the  United  Slates,  and  such  vessels  aie  subject 
to  forfeiture  if  laden  with  forcigji  nierchandise.  These  laws  are  antiquated  and 
cnnibroTis  and  there  seems  to  be  a  demand  for  their  modification  to  suit  the  present 
circumstances. 

It  is  sniigested  that  there  be  four  great  coasting  districts: 

First.  The  lake  district ;  to  include  the  coast  and  rivers  of  the  northern,  northeast- 
ern, and  northwestern  frontiers; 

Second.  The  Atlantic  district ;  to  include  the  coast  and  rivers  of  the  Atlantic  from 
Canada  to  Mexico ; 

Third.  The  Pacific  district  ;  to  include  the  Pacific  coast  and  rivers  from  British 
Columbia  to  Mexico;  and 

Fourth.  The  Alaska  district;   embracing  the  coast  and  rivers  of  Alaska.     Only 

*  Sec.  4348,  page  29. 


62  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

*Sec.  4341).  Tlic  master  of  every  vessel  under  twenty  tons  burden 
licensed  for  carryinjj  on  the  coasting-trade,  destined  from  a  district  in 
on«'  Sta'e  to  a  district  in  the  same  or  an  adjoining  State, on  the  sea-coast 
or  on  a  navigable  river,  and  of  every  vessel  of  the  burden  of  twenty  tons 
and  upward,  destined  irom  a  district  within  one  of  the  great  districts  to 
another  district  within  the  same  great  district,  or  from  aState  in  one  great 
distri(;t  to  an  adjoining  State  in  another  great  district,  having  on  board 
either  distilU'd  s])iiits  in  casks  exceeding tive  hundred  gallons,  wines  in 
casks  exceeding  two  hundred  and  fifty  gallons,  orin  bottles  exceedingone 
liundred  dozens,  sugar  in  casksorboxesexceedingthree  thousand  pounds, 
or  foreign  mendiandisein  packages,  as  im])orted,  exceeding  in  value  four 
Luiidre(l  dollars,  or  merchandise,  consisting  of  such  enumerated  or  other 
articles  of  foieign  growth  or  manufacture,  oi'  of  both,  whose  aggregate 
value  exceeds  eight  hundred  dollars,  shall,  ])reviousto  the  departure  of 
su(;h  vessel  from  the  port  where  she  may  then  be,  nnike  out  and  sub- 
scribe du])licate  manifests  of  the  whole  of  such  cargo  on  board  such  ves- 
sel, sjx'cifying  in  such  manifests  the  marks  and  numbers  of  every  cask, 
bag,  box,  chest,  or  ])ackage  containing  the  same,  with  the  name  and 
l)lace  of  residence  of  every  shipper  and  consignee,  and  the  quantity 
shi])ped  by  and  to  each.  If  there  be  a  collector  or  surveyor  residing  at 
such  ])ort,  or  within  five  miles  thereof,  he  shall  deliver  such  manifest  to 
the  (;ollector,  if  there  be  one;  otherwise  to  the  surveyor,  before  whom 
he  shall  swear,  to  the  best  of  his  knowledge  and  belief,  that  the  goods 
therein  containe<l  were  legally  imported,  and  the  duties  thereupon  paid 
or  secured,  or  if  spirits  distilled  within  the  United  States  that  the  duties 
thereujion  have  been  paid  or  secured.  Thereupon  the  collector  or  sur- 
veyor shall  certify  the  same  on  the  manifests,  one  of  which  he  shall  re- 
turn to  the  master,  with  a  permit,  si)ecifying  thereon,  generally,  the 
lading  on  board  such  vessel,  and  authorizing  him  to  proceed  to  the  port 
of  his  (bistitmtion. 

Sec.  4350.  If  any  vessel,  being  laden  and  destined,  as  mentioned  in 
the  i)receding  section,  shall  dei)art  from  the  port  where  she  may  then 
be  without  the  master  having  first  made  out  and  subscribed  duplicate 
manifests  of  the  lading  on  board  such  vessel,  and  in  case  there  be  a  col- 
lector or  surveyor  residing  at  such  port,  or  within  five  miles  thereof, 
without  having  previously  delivered  the  same  to  the  collector  or  sur- 
veyor, and  obtaining  a  ])ermit,  such  master  shall  be  liable  to  a  penalty 
of  one  hundred  dollars. 

Sec.  4351.  The  master  of  every  vessel  licensed  for  carrying  on  the 
coasting-trade,  having  on  board  either  distilled  spirits  in  casks  exceed- 
ing five  hundred  gallons,  wine  in  casks  exceeding  iwo  hundred  and  fifty 
gallons,  or  in  bottles  exceeding  one  hundred  dozens,  sugar  in  casks  or 
boxes  exceeding  three  thousand  pounds,  or  foreign  merchandise  in  jiack- 
ages,  as  imported,  exceeding  in  value  four  hundred  dollars,  or  goods, 
wares,  or  nu'rchandise,  consisting  of  such  enumerated  or  other  articles 
of  foreign  growth  or  manufacture,  or  of  both,  whose  aggregate  value 
exceeds  ei^^ht  hundred  dollars,  and  arriving  Horn  a  district  in  one  State, 
at  a  distri(!t  in  the  same  or  an  adjoining  State  on  the  sea  coast,  or  on  a 
navigable  river,  or,  if  of  the  burden  of  twenty  tons  or  upward,  arriving 

ri'<;i.stfn'(l  vessels  of  the  United  States  should  be  allowed  to  sail  between  the  great 
districts,  whether  with  cargo  ou  board  or  uot ;  and  properly  documented  American 
vessels  might  carry  cargo  coastwise  without  regard  to  the  <|uautit.v  or  value  of  duty- 
paid  goods  on  board.  Vessels  goiug  from  great  district  to  great  district  only  should 
be  required  to  enter  and  clear,  ;ind  vessels  going  beyond  State  limits  only  should  be 
reijuired  to  liave  manifests.  (Report  of  Commissioner  of  Navigation,  1885.) 
*  See  sec.  3977. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  53 

at  a  district  within  one  of  tlie  great  districts  from  another  district  within 
the  same  great  district,  or  from  a  State  adjoining  such  great  district, 
shall,  previous  to  the  unhiding  of  any  i)art  of  the  cargo  of  snch  vessel, 
deliver  to  the  collector,  if  there  be  one,  or  if  not,  to  the  surveyor  residing 
at  the  port  of  lier  arrival,  or  if  there  be  no  collector  or  surveyor  residing 
at  such  port,  then  to  a  collector  or  surveyor,  if  there  be  any  such  ofticer 
residing  within  live  miles  thereof,  the  manifest  of  ihe  cargo,  certified  by 
the  collector  or  surveyor  of  the  district  from  whence  she  sailed  if  there 
be  such  manifest,  otherwise  the  duplicate  manifest  thereof,  as  is  herein- 
before directed,  to  the  truth  of  which,  before  such  ofticer,  he  shall  swear. 
If  there'have  been  taken  on  board  such  vessel  any  other  or  more  goods 
than  are  contained  in  such  manifest  or  manifests,  since  her  departure 
for  the  ])ort  from  whence  she  first  sailed,  or  if  any  goods  have  been 
since  landed,  the  master  shall  make  known  and  particularize  the  same 
to  the  collector  or  surveyor,  or  if  no  such  goods  have  been  so  taken  on 
boanl  or  lauded,  he  shall  so  declare,  to  the  truth  of  which  he  shall  swear. 
Thereupon  the  collector  or  surveyor  shall  grant  a  permit  for  unlading  a 
part  or  the  whole  of  such  cargo,  as  the  master  or.  commander  may  re- 
quest. If  there  is  no  collector  or  surveyor  residing  at  or  within  five 
miles  of  the  port  other  arrival,  the  master  of  such  vessel  may  proceed 
to  discharge  the  lading  from  on  board  such  vessel,  but  shall  deliver  to 
the  collector  or  surveyor  residing  at  the  first  port  where  he  may  next 
afterward  arrive,  and  within  twenty-four  hours  of  his  arrival,  the  man- 
ifest or  manifests,  noting  thereon  the  times  when  and  places  where  the 
goods  therein  mentioned  have  been  unladen,  to  the  truth  of  which, 
before  the  last-mentioned  collector  or  surveyor,  he  shall  swear, 

Skc.  4352.  If  the  master  of  any  such  vessel,  being  laden  and  destined 
as  mentioned  in  the  preceding  section,  shall  neglect  or  refuse  to  deliver 
manifests,  at  the  times  and  in  the  manner  directed,  he  shall  be  liable  to 
a  penalty  of  one  hundred  dollars. 

Sec.  4353.  The  master  of  every  vessel  under  twenty  tons  of  burden 
licensed  for  carrying  on  the  coasting-trade,  and  destined  from  any  dis- 
trict of  the  United  States  to  a  district  other  than  a  district  in  the  same 
or  an  adjoining  State,  on  the  sea-coast,  or  on  a  navigable  river,  and  of 
every  vessel  of  the  buiden  of  twenty  tons  and  upward,  destined  to  a 
distiici  other  than  a  district  within  the  same  great  district,  or  within  a 
State  adjoining  such  great  district,  shall,  previous  to  her  departure, 
deliver  to  the  collector  residing  at  the  port  wheie  such  vessel  may  be, 
if  there  is  one,  otherwise  to  the  collector  of  the  district  comprehending 
such  port,  or  to  a  surveyor  within  the  district,  as  the  one  or  the  other 
may  leside  nearest  to  the  poit  at  which  such  vessel  may  be,  duplicate 
manifests  of  the  whole  cai go  on  board  such  vessel;  or  if  there  is  no 
cargo  on  board,  he  shall  so  certify  ;  and  if  there  are  any  distilled  si)irits, 
or  merchandise  of  foreign  growth  or  maiuifacture  onboard,  other  than 
what  may  by  the  collector  be  deemed  sutticient  for  sea-stores,  he  shall 
specify  in  such  manifests  the  marks  and  numbers  of  every  cask,  bag, 
box,  chest,  or  package  containing  the  same,  with  the  name,  and  i»lace  of 
residence  of  every  shijjpei  and  consignee  of  such  distilled  spirits,  or 
merchandise  of  foreign  growth  or  manufacture, and  the  quantify  shi[)ped 
by  and  to  each.  The  manifests  or  certificates  shall  be  subscribed  and 
sworn  to  by  him;  and  he  shall  also  swear,  before  the  collector  or  surveyor, 
that  such  merchandise  of  foreign  growth  or  nianufactnre  was,  to  the 
best  of  his  knowledge  and  belief,  legally  imported,  and  the  duties  there- 
upon paid  or  secured  ;  or,  if  spiiits  distilled  within  the  L'nited  States, 
that  the  duties  thereui)on  have  been  duly  i)aid  or  secured.  Upon  the 
performance  of  these  provisions,  and  not  before,  the  collector  or  sur- 


54  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

veyor  shall  certify  the  same  on  the  mauifests  or  cerliflcates  ;  one  of 
which  he  shall  return  to  the  master,  with  a  permit  thereto  annexed, 
anthori/in<i-  him  to  proceed  to  the  port  of  his  destination. 

^5E(-.  4.'>.")4,  If  any  such  vessel,  destined  as  mentioned  in  the  preceding 
section,  shall  depart  from  the  ])ort  where  she  may  then  be,  having  dis- 
tilled spirits,  or  goods,  wares,  or  merchandise  of  foreign  growth  or  man- 
ufacture on  board,  without  complying  with  the  requirements  of  the 
l)rece(ling  section,  the  master  thereof  shall  be  liable  to  a  penalty  of  one 
hundred  dolhus  ;  or,  if  the  lading  be  of  goods  the  growth  or  manu- 
facture of  the  United  States  only,  or  if  such  vessel  have  no  cargo,  and 
she  depart  without  the  several  things  required  in  the  ])receding  section 
being  complii  d  witli,  the  master  shall  be  liable  to  a  penalty  of  fifty  dol- 
lars. 

Sec.  4355.  The  master  of  every  vessel  under  twenty  tons  burden 
licensed  to  carry  on  the  coasting  trade,  arriving  at  any  district  of  the 
United  States  from  any  district  other  than  a  district  in  the  same  or  au 
adjoining  State  on  the  sea-coast,  or  on  a  navigable  river,  and  of  every 
vessel  of  the  burden  of  twenty  tons  and  upward  arriving  from  a  district 
other  than  a  district  within  the  same  great  district,  or  from  a  State 
adjoining  such  great  district,  shall  deliver  to  the  collector  residing  at 
the  p(n^t  where  she  may  arrive  if  there  be  one,  otherwise  to  the  collector 
or  surveyor  in  the  district  comj)rehending  such  port,  as  the  one  or  the 
otiier  may  reside  nearest  thereto,  if  the  collector  or  surveyor  reside  at 
a  distance  not  exceeding  fi\e  miles,  within  twenty  four  hours,  or,  if  at 
a  greater  distance,  within  forty  eight  hours  next  after  his  arrival,  and 
previous  to  the  unlading  any  of  the  goods  broughr  in  such  vessel,  the 
iDanifesi  of  the  cargo,  if  there  be  anv,  certified  by  the  collector  or  sur- 
veyor ot  the  «listiict  from  whence  she  last  sailed  ;  and  shall  make  oath, 
before  the  colle(;tor  or  surveyor,  that  there  was  not  when  he  sailed  from 
the  district  where  his  manifest  was  certified,  and  has  not  been  since, 
and  is  nor  then  any  more  or  other  aierchandise  of  foreign  growth  or 
manufacture,  or  distilled  s))irits,  if  there  be  any,  other  than  sea-stores, 
on  board  su(;h  vessel,  than  is  therein  mentioned;  and  if  there  be  none 
such,  he  shall  so  swear;  and  if  there  be  no  cargo  on  board,  he  shall 
pro<luce  the  certificate  of  the  collector  or  surveyor  of  the  district  from 
wlience  she  last  sailed  that  such  is  the  case.  Thereupon  such  collector 
or  suiveyor  shall  grant  a  permit  for  unlading  the  whole  or  [lart  of  such 
cargo,  if  there  be  anv[,]  within  his  district,  as  the  master  may  request; 
and  where  a  part  only  of  the  merchandise  of  foreign  growth  or  manu- 
facture, or  of  distilled  sitirits,  brought  in  such  vessel,  is  intended  to  be 
landed,  the  collector  or  surveyor  shall  make  an  indoisement  of  such 
l)art  on  the  back  of  the  manifest,  si)ecifying  the  articles  to  be  landed; 
and  shall  return  such  manifest  to  the  master,  indorsing  also  thereon 
Lis  permission  for  such  \essel  to  proceed  to  the  i)lace  of  her  <lestination. 

Sec.  4;35().  If  the  master  of  such  vessel,  laden  and  destined  as  men- 
tionetl  in  the  preceding  section,  shall  nejilect  or  refuse  to  deliver  the 
jiianifest,  or,  if  she  has  no  cargo,  the  certificate,  within  the  time  directed 
in  the  i)re(XHling  section,  he  sliall  be  liable  to  a  penalty  of  one  hundred 
dollars,  and  the  merchandise  of  fureign  growth  or  manufacture,  or  dis- 
tilled si)irits,  found  on  board,  or  landed  from  such  ship  or  vessel,  not 
being  certified  as  re(piired,  shall  be  forfeited;  and  if  the  same  shall 
amount  to  the  value  of  eight  hundred  <lollars,  such  ship  or  vessel,  with 
her  tackel,  ai)parel,  and  furniture,  shall  be  also  forfeited. 

Sec.  4357.  Coasting-vessels,  going  from  Long  Island,  in  the  State  of 
New  York,  to  the  State  of  Rhode  Island,  or  from  the  State  of  Rhode 
Island  to  Long  Island,  shall  have  the  same  privileges  as  are  allowed  to 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  55 

vessels  under  tbe  like  circiuustances  goins,-  from  a  district  in  one  State 
to  a  disti'ict  in  the  same  or  an  adjoinino-  State. 

*Sec.  4358.  The  coasting-trade  between  the  territory  ceded  to  the 
United  States  by  the  Emperor  of  Knssia  and  any  other  portion  of  the 
United  States  shall  be  regulated  in  accordance  with  the  provisions  of 
law  applicable  to  sn(;h  trade  between  any  two  great  districts. 

Sec.  43r>«>.  Nothing  in  this  Title  shall  be  so  construed  as  to  oblige  the 
master  of  any  vessel  of  less  than  twenty  tons  burden,  licensed  for  carry- 
ing on  the  coasting  tra<le.  bound  from  a  district  in  one  State  to  a  dis- 
trict in  the  same  or  an  adjoining  State  on  the  sea-coast,  or  on  a  naviga- 
ble river,  or  of  any  vessel  of  the  bniden  of  twenty  tons  or  upward,  bound 
from  a  district  within  one  of  the  great  districts  to  a  district  within  the 
same  great  district,  or  within  a  State  adjoining  such  great  district,  hav- 
ing on  board  merchandise  of  the  growth,  product,  or  manufacture  of  the 
United  States  only,  except  distilled  s[»irits,  or  distilled  S[)irits  not  more 
than  live  hundred  gallons,  wine  in  cjisks  not  more  than  two  hundred 
and  fifty  gallons,  or  in  bottles  not  more  than  one  hundred  dozen,  sugar 
in  casks  or  boxes  not  more  than  three  thousand  pounds,  or  foreign  mer- 
chandise in  packages,  as  imported,  of  not  more  value  than  four  hundred 
ilollars.  or  merchandise  consisting  of  such  enumerated  or  other  articles 
of  foreign  growth  or  manufacture,  or  of  both,  whose  aggregate  value 
shall  be  not  more  than  eiglit  hundred  dollars,  to  deliver  a  manifest 
thereof,  or  obtain  a  permit,  previous  to  her  departure,  or,  on  her  arrival 
within  such  district,  to  make  any  report  thereof;  but  such  master  shall 
be  provided  with  a  manifest,  by  him  subscribed,  of  the  lading,  of  what 
kind  soever,  which  was  on  board  such  vessel  at  the  time  of  his  depart- 
ure from  the  district  from  which  she  last  sailed,  and  if  the  same,  or  any 
])art  of  such  lading,  consist  of  distilled  spirits,  or  merchandise  of  for- 
eign growth  or  manufacture,  with  the  uiarksand  numbers  of  each  cask, 
bag,  box,  chest,  or  i)ackage  containing  the  same,  with  the  name  of  the 
shi|)per  and  consignee  of  each.  Such  manifest  shall  be  by  him  exhib- 
ited, for  the  iusi)ection  of  any  oflQcer  of  the  revenue,  when  required  by- 
such  officer;  and  he  shall  also  inform  such  oflicer  from  whence  such 
vessel  last  sailed,  and  how  long  she  has  been  in  port,  when  by  him  so 
interrogated. 

Skc.  4300.  Whenever  the  unister  of  such  vessel,  laden  and  destined  as 
described  in  the  preceding  section,  is  not  provided, on  his  arrival  within 
any  such  district,  with  a  manifest,  [andjt  does  not  exhibit  the  same,  as 
required  in  the  preceding  .section,  if  the  lading  of  such  vessel  consist 
wholly  of  merchandise  the  produce  or  manufacture  of  the  United  States, 
distdied  spirits  excepted,  he  shall  be  liable  to  a  penalty  of  twenty  dol- 
lars, or  if  there  be  distilled  spirits,  or  merchandise  of  foreign  growth  or 
manufacture,  on  board,  excepting  what  may  be  sufiicient  for  sea-stores, 
be  shall  be  liable  to  a  penalty  of  forty  dollars;  or  if  he  shall  refuse  to 
answer  the  interrogatories  truly,  as  is  herein  recjuired,  he  shall  be  liable 
to  a  i)eimlty  of  one  hundred  dollars.  If  any  of  the  merchandise  ladea 
on  board  such  vessel  be  of  foreign  growth  or  manufacture,  or  of  spirits 
distilled  within  the  United  States,  so  much  of  the  same  as  may  be  found 
on  board  such  vessel,  and  not  included  in  the  manifest  exhibited  by  such 
master,  shall  be  forfeited. 

Sec.  43(U.  Whenever  any  vessel  of  the  United  States,  registered  ac- 
cording to  law,  is  employed  in  going  from  any  one  district  in  the  United 
States  to  any  other  district,  such  vessel,  and  the  master  thereof,  with 
the  goods  she  may  have  on  board  previous  to  her  «leparture  from  the 


•See  Title  XXIII,  chap.  3. 

tSee  Act  Feb.  18,  17'J3,  chap.  8,  sec.  18. 


56  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

district  where  she  niav  be,  and  also  upon  lier  arrival  in  any  other  dis- 
trict, sliall  be  subject/except  as  to  the  payment  of  fees,  to  the  same  regu- 
lations, provisions,  ])enalties,  and  forfeitures,  and  the  like  duties  are 
imixiscd  on  like  officers,  as  are  provided  for  vessels  licensed  for  carrying 
on  the  coasting-trade.  Nothing  herein  contained  shall  be  construed  to 
extend  to  registered  vessels  of  the  United  States  having  on  board  mer- 
chandise of  foreign  growth  or  manufacture,  brought  into  the  United 
States,  in  such  vessel,  from  a  foreign  port,  and  on  which  the  duties  have 
not  been  i)aid  according  to  law. 

*t^EC.  436:'.  The  collector  of  the  district  of  Philadelidiia  may  grant 
permits  for  the  transportation  of  merchandise  of  foreign  growth  or  mau- 
ufacture  across  the  State  of  New  Jersey  to  the  district  of  New  Yot  k,  or 
across  the  State  of  Delaware  to  any  district  in  the  State  of  Marylandor 
Virginia  ;  and  the  collector  of  the  district  of  New  York  may  grant  like 
permits  for  transportation  across  the  State  of  New  Jersey  ;  and  the  col- 
lector of  any  district  of  Maryland  or  Virginia  may  grant  like  permits  for 
transportation  across  the  State  of  Delaware  to  the  district  of  Phila- 
delphia. Every  such  permit  sliall  exi)ress  the  name  of  the  owner,  or 
person  sending*  the  merchandise,  and  of  the  person  to  whom  the  mer- 
chandise is  consigned,  with  the  marks,  numbers,  and  description  of  the 
packages,  whether  bale,  box,  chest,  or  otherwise,  and  the  kind  of  goods 
contained  therein,  and  the  date  when  granted;  and  the  owner,  or  per- 
son sending  such  goods,  shall  swear  that  they  were  legally  imported, 
and  the  duties  paid.  Where  the  merchandise,  to  be  so  transported, shall 
be  of  less  value  than  eight  hundred  dollars,  the  permit  shall  not  be 
deemed  necessary. 

]  Sec.  4363.  The  owner  or  consignee  of  all  merchandise  transported 
under  the  provisions  of  the  preceding  section  and  for  the  transporta- 
tion whereof  a  permit  is  necessary,  shall,  within  twenty-four  hours  after 
the  arrival  thereof  at  the  place  to  which  such  merchandise  was  per- 
mitted to  be  transported,  report  the  same  to  the  collector  of  the  district 
where  it  has  arrived,  and  shall  deliver  up  the  permit  accompanying  the 
same;  and  if  the  owner  or  consignee  shall  neglect  or  refuse  to  make  due 
entry  of  such  merchandise  within  the  time  and  in  the  manner  directed, 
all  such  merchandise  shall  be  subject  to  forfeiture;  and  if  the  permit 
granted  shall  not  be  given  up  within  the  time  limited  for  making  the 
report,  the  ])erson  to  whom  it  was  granted,  neglecting  or  refusing  to  de- 
liver it  up,  shall  be  liable  to  a  penalty  of  tifcy  dollars  for  every  twenty- 
four  hours  it  shall  be  withheld  afterward. 

I  Sec.  4364.  Whenever  any  vessel,  licensed  for  carrying  on  the  fishery, 
is  intended  to  touch  and  trade  at  any  foreign  port,  it  shall  be  the  duty 
of  the  master  or  owner  to  obtain  permission  for  that  purpose  from  the 
collector  of  the  district  where  such  vessel  may  be,  i)revious  to  her  de- 
parture, and  the  master  of  every  such  vessel  shall  deliver  like  manifests, 
and  make  like  entries,  both  of  the  vessel  and  of  the  merchandise  on 
board,  within  the  same  time,  and  under  the  same  i)enalty,  as  are  by  law 
provided  for  vessels  of  the  United  States  arriving  from  a  toreign  port.§ 

"See  sees.  2978,  3025,  303G,  aud  Title  XXXTV,  chap.  7. 

t  See  note  to  precedinfi;  section. 

t  TradiiK/  or  fmhinq  uithout  license:  A  vessel  incurs  a  heavy  penalty  by  tradinir  be- 
tween (lillVient  pliK-cs  in  tli.*  same  district,  or  between  district  and  district,  or  carry- 
iuj;  on  tisliiiiji  witliout  a  valid  license. 

§  [General  legiihUious.     (Form  Xo.  64.)     Permit  to  touch  and  trade.] 

llNrrED  States  of  America. 

District  of ,  I'ort  of ,  IH . 

Permission  is  hereby  granted  to ,  master  of  the named  the , 

of ,  burden,  — '■ ,  which was  licensed  for  carrying  on  the fishery 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  57 

Sec.  4365.  WhcTiever  a  vessel,  licensed  for  carrying-  on  the  fisheries^ 
is  foniid  within  three  leagues  of  the  coast,  with  merchandise  of  foreign 
growth  or  nianufactnre,  exceeding  the  value  of  five  hundred  dollars, 
without  having  such  permission  as  is  direcited  by  the  ])receding  section, 
such  vessel,  together  with  the  merchandise  of  h)reign  growth  or  manu- 
facture imported  therein,  shall  be  subject  to  seizure  and  forfeiture. 

Sec.  VSGCk  The  master  of  every  vessel  employed  in  the  transportation 
of  merchandise  from  distiict  to  district,  that  shall  jiutinto  a  port  other 
than  the  one  to  which  she  was  bound,  sliall,  within  twenty-four  hours  of 
his  arrival,  if  there  be  an  officer  residing  at  such  port,  and  she  continue 
there  so  long,  make  report  of  his  arrival  to  such  officer,  with  the  name 
of  the  i)lace  he  came  from,  and  to  wiiich  he  is  bound,  with  an  account 
of  his  lading;  and  every  master  who  neglects  or  refuses  so  to  do  shall 
be  liable  to  a  i)enalty  of  twenty  dollars. 

Sec.  43(57.  The  master  of  every  foreign  vessel  bound  from  a  district 
in  the  United  States  to  any  other  district  within  the  same,  shall,  in  all 
cases,  previous  to  her  departure  from  such  district,  deliver  to  the  col- 
lector of  such  district  duplicate  manifests  of  the  lading  on  board  such 
vessel,  if  there  be  any,  or,  if  there  be  none,  he  shall  declare  that  such 
is  the  case;  and  to  the  truth  of  such  manifest  or  declaration  he  shall 
swear,  and  also  obtain  a  permit  from  the  collector,  authorizing  him  to 
proceed  to  the  place  of  his  destination. 

Sec.  4368.  The  master  of  every  foreign  vessel,  on  his  arrival  within 
any  district  from  any  other  district,  shall,  in  all  cases,  within  forty  eight 
hours  after  his  arrival,  and  previous  to  tlie  unlading  of  any  goods  from 
on  board  such  vessel,  deliver  to  the  collector  of  the  district  where  he 
may  have  arrived,  a  manifest  of  the  goods  laden  on  board  such  vessel, 
if  any  there  be;  or  if  in  ballast  only,  he  shall  so  declare;  he  shall  swear 
to  the  tiuth  of  such  manifest  or  declaration,  and  shall  also  swear  that 
such  manifest  contains  an  account  of  all  the  merchandise  which  was  on 
board  such  vessel  at  the  time,  or  has  been  since  her  departure  from  the 
place  from  whence  she  shall  be  reported  last  to  have  sailed  ;  and  he  shall 
also  deliver  to  such  collector  the  permit  wiiich  was  given  him  from  the 
collector  of  the  district  from  whence  he  sailed. 

Sec.  4369.  Every  master  of  any  foreign  vessel  who  neglects  or  refuse* 
to  comply  with  any  of  the  requirements  of  the  two  preceding  sections, 
shall  be  liable  to  a  penalty  of  one  hundred  dollars.  Nothing  therein 
contained  shall,  however,  be  construed  as  affecting  the  payment  of  ton- 
nage, or  any  other  requirements  to  which  such  vessels  are  subject  by  law. 

Sec.  4370.  All  steam  tug-boats  not  of  the  United  States  found  em- 
ployed in  towing  documented  vessels  of  the  United  States  plying  from 
one  port  or  place  in  the  same  to  another,  shall  be  liable  to  a  penalty  of 
titty  cents  per  ton  on  the  measurement  of  every  such  vessel  so  towed 
by  them  respectively,  whi(;li  sum  may  be  recovered  by  way  of  libel  or  suit. 
This  section  shall  not  ai)i)ly  to  any  case  where  the  towing,  in  whole  or 
in  i)art,  is  within  or  upon  foreign  waters.  ^Vny  fiu'eign  railroad  com- 
pany or  corporation,  whose  road  enters  the  United  States  Dy  means  of  a 
ferry  or  tug-boat,  may  own  such  boat,  and  it  shall  be  snbje<it  to  no  other 
or  different  restrictions  or  regulations  in  such  employment  than  if  owned 
by  a  citizen  of  the  United  States. 

by ,  collector  for  the  district  of ,  in  the  State  of ,  on  the 

(lay  of ,  to  touch  and  trade  at  any  foreign  port,  or  place  during  her  voyage  pres- 
ently to  l)e  made. 

Given  under hand  and  seal,  the  day  and  year  above  mentioned. 

Colh'ctor. 

2^' aval  ofjiccr. 


58  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

*Sec.  4371.  Every  vessel  of  twenty  tons  or  upward,  other  than  regis- 
tered vessels  found  trading-  between  district  and  district,  or  between 
different  places  in  the  same  district,  or  carrying  on  the  fishery  without 
being  enrolled  and  licensed,  or  if  less  than  twenty  tons  and  not  less  than 
five  tons,  without  a  license,  in  the  manner  provided  by  this  Title,  if 
laden  with  merchandise  the  growth  or  manufacture  of  the  United  States 
only,  distilled  spirits  excepted,  or  in  ballast,  shall  pay  the  same  fees  and 
tonnage  in  every  port  of  the  United  States  at  which  she  may  arrive  as 
vessels  not  belonging  to  a  citizen  of  the  United  States;  and,  if  she  have 
on  board  any  articles  of  foreign  growth  or  manufacture,  or  distilled  spir- 
its, other  than  sea-stores,  she  shall,  together  with  her  tackle,  apparel, 
and  furniture,  and  the  lading  found  on  board,  be  forfeited. 

Sec.  4372.  If  any  vessel  be  at  sea  at  the  expiration  of  the  time  for 
which  the  license  was  given,  and  the  master  of  such  vessel  shall  swear 
that  such  was  the  case,  and  shall  also,  within  forty-eight  hours  after  his 
arrival,  deliver  to  tlie  collector  of  the  district  in  which  he  shall  first 
arrive  the  license  which  shall  have  expired,  the  forfeiture  prescribed  in 
the  preceding  section  shall  not  be  incurred,  nor  shall  the  vessel  be  liable 
to  pay  the  tees  and  tonnage  therein  required. 

Sec.  4373.  Every  collector,  who  knowingly  makes  any  record  of  enroll- 
ment or  license  of  any  vessel,  and  every  other  officer,  or  i)erson,  ap- 
pointed by  or  under  them,  who  makes  any  record,  or  grants  any  certifi- 
cate or  other  document  whatever,  contrary  to  the  true  intent  and  mean- 
ing of  this  Title,  or  takes  any  other  or  greater  fees  than  are  by  this 
Title  allowed,  or  receives  for  any  service  performed  pursuant  to  this  Title, 
any  reward  or  gratuity,  and  every  surveyor,  or  other  person  appointed 
to  measure  vessels,  who  willfully  delivers  to  any  collector  or  naval  ofii- 
cer  a  false  descrii)tion  of  any  vessel,  to  be  enrolled  or  licensed,  in  pursu- 
ance of  this  Title,  shall  be  liable  to  a  penalty  of  five  hundred  dollars,  and 
be  rendered  incapable  of  serving  in  any  ofl&ce  of  trust  or  profit  under 
the  United  States. 

Sec.  4374.  Every  person,  authorized  an<l  required  by  this  Title  to  per- 
form any  act  or  thing  as  an  ofticer,  who  willfully  neglects  or  refuses  to 
do  an<l  perform  the  same,  according  to  the  true  intent  and  meaning  of 
this  Title,  shall,  if  not  subject  to  the  penalty  and  disqualifications  pre- 
scribed in  the  lueceding  section,  be  liable  to  a  penalty  of  five  hundred 
dollars  for  the  first  offense,  and  of  [a]  like  suni  for  the  second  offense, 
and  shall,  after  conviction  for  the  second  offense,  he  rendered  incapable 
of  holding  any  office  of  trust  or  profit  under  the  United  States. 

Sec.  4375.  Every  person  who  forges,  counterfeits,  erases,  alters,  or 
falsifies  any  enrollment,  license,  certificate,  permit,  or  other  document, 
mentioned  or  required  in  this  Title,  to  be  granted  by  any  officer  of  the 
revenue,  such  person,  so  offending,  shall  be  liable  to  a  penalty  of  five 
hundred  dollars. 

Sec.  437(3.  Every  person  who  assaults,  resists,  obstructs,  or  hinders 
any  officer  in  the  execution  of  any  act  or  law  relating  to  the  enrollment, 
registry,  or  licensing  of  vessels,  or  of  this  Title,  or  of  any  of  the  powers 
or  authorities  vested  in  him  by  any  such  act  or  law,  shall,  for  every  such 
offense,  for  which  no  other  penalty  is  particularly  provided,  be  liable  to 
a  penalty  of  five  hundred  dollars. 

Sec.  4377.  Whenever  any  licensed  vessel  is  transferred,  in  whole  or 
in  l)art,  to  any  i)erson  who  is  not  at  the  time  of  such  transfer  a  citizen  of 
and  resident  within  the  United  States,  or  is  employed  in  any  other  trade 
than  that  for  which  she  is  licensed,  or  is  found  with  a  forged  or  altered 


*Uuder  sections  4219,  4225,  aud  4371  certain  foreign  vessels,  when  found  trading 
between  district  and  district,  «&c.,  are  liable  to  tonnage  dues  (including  light  money), 
amounting  to  $1.30  per  ton.     {Opimon  AiVy-Gen.,  Aug.  19, 1875.) 


,  NAVIGATION  LAWS  OF  THE  UNITED  STATES.        59 

license,  or  one  grauted  for  any  other  vessel,  such  vessel  with  her  tackle, 
apparel,  and  furniture,  and  the  cargo,  found  on  board  her,  shall  be  for- 
feited. But  vessels  which  may  be  licensed  for  the  niackerel-tishery  shall 
not  incur  such  forfeiture  by  engaging  in  catching  cod  or  hsh  of  any  other 
description  whatever. 

Seo.  4376.  Any  merchandise  on  board  any  vessel  which  belongs,  in 
good  faith,  to  any  person  other  than  tlie  master,  owner,  or  mariners  of 
such  vessel,  and  upon  which  the  duties  have  been  paid,  or  secured  ac- 
cording to  law,  shall  be  exempted  from  any  forfeiture  under  this  Title. 
Sec.  4379.  In  every  case  where  a  forfeiture  of  any  vessel  or  merchan- 
dise shall  accrue,  it  shall  be  the  duty  of  the  collector  or  other  proper 
officer,  who  shall  give  notice  of  the  seizure  of  such  vessel  or  of  such 
merchandise,  to  insert  in  the  same  advertisement  the  name  and  the 
place  of  residence  of  the  person  to  whom  any  such  vessel  and  merchan- 
dise belonged  or  were  consigned,  at  the  time  of  such  seizure,  if  the  same 
be  known  to  him. 

Sec.  4380.  All  penalties  and  forfeitures  which  shall  be  incurred  by 
virtue  of  this  Title  may  be  sued  for,  prosecuted,  and  recovered  as  pen- 
alties and  forfeitures  incurred  by  virtue  of  the  laws  relating  to  the  col- 
lection of  duties,  and  shall  be  appropriated  in  like  manner ;  except  when 
otherwise  expressly  prescribeil. 

Sec.  4381.  The  following  fees  shall  be  levied  and  collectecl  from  the 
owners  and  masters  of  all  vessels  except  those  navigating  the  waters  of 
the  northern,  northeastern,  and  northwestern  frontiers,  otherwise  than 
by  sea : 

First.  For  measuring  every  vessel,  in  order  to  the  enrollment  or  licens- 
ing and  recording  the  same,  the  fees  prescribed  for  like  services  in  order 
to  the  registry  of  vessels. 

Second.  For  every  certificate  of  enrollment,  fifty  cents. 

Third.  For  every  indorsement  on  a  certificate  of  enrollment,  twenty 
cents. 

Fourth.  For  every  license,  and  granting  the  same,  including  the  bond, 
if  not  exceeding  twenty  tons,  twenty-five  cents;  if  above  twenty  and 
not  more  than  one  hundred  tons,  fifty  cents;  and  if  more  than  one  hun- 
dred tons,  one  dollar. 

Fifth.  For  every  indorsement  on  a  license,  twenty  cents. 

Sixth.  For  certifying  manifests,  and  granting  a  permit  for  a  licensed 
vessel  to  proceed  from  district  to  district,  twenty  five  cents;  [,]  if  less 
than  fifty  tons,  [;]  and  if  above  fifty  tons,  fifty  cents. 

Seventh.  For  receiving  a  certified  manifest,  and  granting  a  permit,  on 
the  arrival  of  such  vessel,  twenty-five  cents,  if  less  than  fifty  tons ;  and 
if  a   ve  fifty  tons,  fifty  cents. 

i  [Eighth.  For  certifying  manifests,  and  granting  a  j)ermit  for  a  regis- 
tered vessel  to  proceed  from  district  to  district,  one  dollar  and  fifty  cents. 

Ninth.  For  receiving  a  certified  manifest,  and  granting  a  permit  on 
the  arrival  of  such  registered  vessel,  one  dollar. 

Tenth.  For  granting  a  i)ermit  for  a  vessel  not  belonging  to  a  citizen 
or  citizens  of  the  United  States,  to  proceed  from  district  to  district,  and 
receiving  the  manifest,  two  <lollars. 

Eleventh.  For  receiving  a  manifest,  and  granting  a  permit  to  unload, 
for  such  last-mentioned  vessel, on  her  arrival  in  one  district  from  another 
district,  two  dollars. 

Twelfth.  For  granting  a  permit  for  a  vessel  carrying  on  the  fishery 
to  trade  at  a  foreign  port,  twenty-five  cents,  and  for  the  report  and 
entry  of  any  foreign  goods  impoited  in  such  vessel,  twenty-five  cents. 

Sec.  4382.  The  following  fees  shall  be  levied  and  collected  from  the 


60        NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

owners  and  masters  of  vessels  navigating'  the  waters  of  the  northern, 
northeastern,  and  northwestern  frontiers  of  the  United  States,  otherwise 
than  by  sea: 

First.  For  the  measurement  of  any  vessel,  the  fees  prescribed  in  Title 
LXVIII,  "Kegflation  of  Commeece  and  Navigation.'' 

Second.  For  certificate  of  enrollment,  including  bond  and  oath,  one 
dollar  and  ten  cents. 

Third.  For  granting  license,  including  bond  and  oath,  if  not  over 
twenty  tons,  torty-tive  cents. 

Fourth.  For  granting  license,  including  bond  and  oath,  above  twenty 
and  not  over  one  hundred  tons,  seventy  cents. 

Filth.  For  granting  license,  including  bond  and  oath,  above  one  hun- 
dred tons,  one  dollar  and  twenty  cents. 

Sixth.  For  certifying  manifest,  including  master's  oath,  and  granting 
permit  for  vessel  to  go  from  district  to  district,  under  fifty  tons,  twenty- 
five  cents. 

Seventh.  For  cei  tifying  manifest,  including  master's  oath,  and  grant- 
ing permit  for  vessel  to  go  from  district  to  district,  over  fifty  tons,  fifty 
cents. 

Eighth.  For  receiving  manifest,  including  master's  oath,  on  arrival 
of  a  vesser  from  one  collection-district  to  another,  whether  touching  at 
foreign  intermediate  ports  or  not,  under  fifty  tons,  twenty  five  cents. 

Ninth.  For  receiving  manifest,  including  niaster's  oath,  on  arrival  of 
a  vessel  from  one  collection  district  to  another,  whether  touching  at 
foreign  intermediate  ports  or  not,  over  fifty  tons,  fifty  cents. 

Tenth.  For  certifying  a  manifest,  including  master's  oath,  and  grant- 
ing permit  to  a  vessel  under  fifty  tons,  laden  with  a  cargo  destined  for 
a  port  or  place  in  another  district  at  which  there  is  no  custom-house, 
twenty-five  cents. 

Eleventh.  For  certifying  a  manifest,  including  master's  oath,  and 
granting  permit  to  a  vessel  above  fifty  tons,  laden  with  a  cargo  des- 
tined for  a  port  or  place  in  another  district  at  which  there  is  no  custom- 
house, fifty  cents. 

Twelfth.  For  the  entry  of  a  vessel  direct  from  a  foreign  port,  fifty  cents. 

Thirteenth.  For  the  clearance  of  a  vessel  direct  to  a  foreign  port,  fifty 
cents. 

Fourteenth.  Vessels  departing  to  or  arriving  from  a  port  in  one  dis- 
trict to  or  from  a  port  in  an  adjoining  district,  and  touching  at  interme- 
diate foreign  forts,  are  exempted  from  the  payment  of  the  entry  fees. 

Fifteenth.  ±  or  a  i)ort  entry  of  such  vessel,  two  dollars. 

Sixteenth.  For  permit  to  land  or  deliver  goods,  twenty  cents. 

Seventeenth.  For  a  bond  taken  officially,  not  otherwise  provided  for, 
fifty  cents. 

Eighteenth.  For  permit  to  load  goods  for  exportation  entitled  to  draw- 
back, thirty  cents. 

Nineteenth.  For  debenture  or  other  official  certificate  not  otherwise 
provided  for,  twenty  cents. 

Twentieth..  For  recording  all  bills  of  sale,  mortgages,  hypothecations, 
or  conveyances  of  vessels,  fifty  cents. 

Twenty-first.  For  recording  all  certificates  for  discharging  and  can- 
celing any  such  conveyances,  fifty  cents. 

Twenty-second.  For  furnishing  a  certificate  setting  forth  the  names 
of  the  owners  of  an}-  registered  or  enrolled  vessel,  the  parts  or  propor- 
tions owned  by  each,  and  also  the  material  facts  of  any  existing  bill  of 
sale,  nu)rtgage,  hypothecation,  or  other  incumbrance;  the  date,  amount 
of  such  incumbrance,  and  from  and  to  whom  made,  one  dollar. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  61 

Twenty-third.  For  funiisliiii-o-  cojnes  of  sucli  records  for  each  bill  of 
sale,  mortgage,  or  other  coiiveyaiiee,  fifty  cents. 

Twenty-fourth.  For  receiving  manifest  of  each  railroad-car  or  other 
vehicle  liulen  with  goods,  wares  or  merchandise  from  a  foreign  contig- 
uous teiritory,  twenty-live  cents. 

Twenty-fifth.  F<jr  entry  of  goods,  wares,  or  merchandise  for  consump- 
tion, warehouse,  rewarehouse,  transiH)rtaiioii,  or  exportation,  including 
oath  and  permit  to  land  or  deliver,  fifty  cents. 

Twenty  sixth.  For  certificate  of  registry,  including  bon  I  on  oath, 
two  dollars  and  twenty-five  cents. 

Twenty-seventh.  For  indorsement  of  change  of  masters  on  registry, 
one  dollar. 

Sec;.  4383.  E^-ery  collector  and  naval  officer,  and  every  surveyor  re- 
siding at  a  i)ort  where  there  is  no  collector,  sliall  cause  to  be  affixed 
and  constantly  kept  in  some  cons[)icuous  place  in  his  office  a  fair  table 
of  the  rates  of  fees  denuindable  by  this  title. 

Sec.  4384.  All  vessels  subject  to  enrollment  or  license  shall  be  liable 
to  the  payment  of  the  fees  established  by  law  for  services  of  customs 
officers  incident  thereto. 

Sec.  4385.  Nothing  in  this  Title  shall  be  construed  to  extend  to  any 
boat  or  lighter  not  being  masted,  or  if  masted  and  not  decked,  employed 
ill  the  harbor  of  any  town  or  city. 


3.— REGULATION  OF  VESSELS  IN  THE  FISHERIES.* 

(Revised  Statutes,  Title  LI.) 

Sec.  4301.  The  master  of  any  vessel  of  the  burden  of  twenty  tons  or 
upward,  qualified  according  to  law  for  carrying  on  the  bank  and  other 
cod  fisheries,  or  the  mackerel-fishery,  bound  from  a  port  of  the  United 
States  to  be  employed  in  any  such  fishery,  at  sea,  shall,  before  proceeding 
on  such  fishing  voyage,  make  an  agreement  in  writing  with  every  fish- 
erman who  may  be  employed  therein,  except  only  an  apprentice  or  ser- 
vant of  himself  or  owner,  and,  in  addition  to  such  terms  of  shipment  as 
may  be  agreed  on,  shall,  in  such  agreement,  express  whether  the  same  is 
to  continue  for  one  voyage  or  for  the  fishing  season,  and  shall  also  ex- 
press that  the  fish  or  "the  proceeds  of  such  fishing-vogage  or  voyages 
which  may  appertain  to  the  fishermen  shall  be  divided  among  them  in 
proportion  to  the  quantities  or  number  of  such  fish  which  they  may 
respectively  have  caught.  Such  agreement  shall  be  indorsed  or  coun- 
tersigned by  the  owner  of  such  fishing  vessel  or  his  agent. 

Sec.  4392.  If  any  fisherman,  having  engaged  himself  for  a  voyage  or 
for  the  fishing  season  in  any  fishing-vessel  and  signed  an  agreement 
therefor,  thereafter  and  while  such  agreement  remains  in  force  and  to 
be  peiioimed  deserts  or  absents  himself  from  such  vessel  without  leave 
of  the  master  thereof,  or  of  the  owner  or  his  agent,  such  deserter  shall 
be  liable  to  tlie  same  i)enalties  as  deserting  seamen  are  subject  to  in  the 
merchant  service,  and  may  in  the  like  manner,  and  ni)on  the  like  com- 
plaint and  proof,  be  apprehended  and  detained  ;  and  all  costs  of  ])rocess 
and  commitment,  if  paid  by  the  master  or  owner,  shall  be  deducted  out 
of  the  share  of  fish  or  proceeds  of  any  fishing-voyage  to  which  such  de 
serter  had  or  shall  become  entitled.     Every  fisherman,  having  so  en- 

•  See  sees.  4311,  4320,  4321,  4364,  4365,  4377,  4,"»12,  4513,  4529,  4573,  aad  4576. 


62        NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

gaged  liiinself,  Miio  dmiiig  such  fishiug-vojaoe  refuses  or  neglects  his 
}»ro])cr  duty  on  board  the  fishing-vessel,  being  thereto  ordered  or  requir- 
ed by  the  master  thereof,  or  otherwise  resists  his  just  commands  to  the 
hinderance  or  detiinient  of  such  voyage,  besides  being  answerable  for 
all  damages  arising  thereby,  shall  forfeit  to  the  nse  of  the  owner  of 
such  vessel  his  share  of  any  public  allowance  which  may  be  i)aid  upon 
such  vo.Niige. 

Sec.  -4:51)3.  Whenever  an  agreement  or  contract  is  so  made  and  signed 
for  a  fishing  voyage  or  for  the  fishing  season,  and  any  fish  caught  on 
board  such  vessel  during  the  same  are  delivered  to  the  owner  or  to  his 
agent,  for  cure,  and  sohl  by  such  owner  or  agent,  such  vessel  shall,  for 
the  term  of  six  months  after  such  sale,  be  liable  for  the  master's  and 
every  other  fisherman's  share  of  such  fish,  and  may  be  proceeded  against 
in  the  same  form  and  to  the  same  effect  as  any  other  vessel  is  by  law 
liable,*  and  may  be  proceeded  against  for  the  wages  of  seamen  or  mari- 
ners in  the  merchnnt  service.  Upon  such  proceeding  for  the  value  of  a 
share  or  shares  of  the  proceeds  of  fish  so  delivered  and  sold  it  shall  be 
incumbent  on  the  owner  or  his  agent  to  produce  a  just  account  of  the 
sales  and  division  of  such  fish  according  to  such  agreement  or  contract ; 
otherwise  the  vessel  shall  be  answerable  upon  such  proceeding  for  what 
mi\y  be  the  highest  value  of  the  shares  demanded.  But  in  all  cases  the 
owner  of  such  vessel  or  his  agent,  appearing  to  answer  in  such  pro- 
ceeding, may  offer  thereupon  his  account  of  general  supplies  made  for 
such  tisliing-voyage  and  of  other  supplies  therefor  made  to  either  of  the 
demandants,  and  shall  be  allowed  to  produce  evidence  thereof  in  an- 
swer to  their  demands  respectiv^ely ;  and  judgment  shall  be  rendered 
upon  such  proceeding  for  the  respective  balances  which  upon  such  an 
inquiry  shall  appear. 

Sec.  4394.  When  process  shall  be  issued  against  any  vessel  so  liable, 
if  the  owner  thereof  or  his  agent  will  give  bond  to  each  fisherman  in 
whose  favor  such  process  shall  be  instituted,  with  sufficient  security,  to 
the  satisfaction  of  two  justices  of  the  peace,  of  whom  one  shall  be  named 
by  such  owner  or  agent,  and  the  other  by  the  fisherman  or  fishermen 
pursuing  such  process,  or  if  either  i)arty  shall  refuse,  then  the  justice 
first  aiipointed  shall  name  his  associate,  with  condition  to  answer  and 
])ay  whatever  sum  shall  be  recoveied  bj"  him  or  them  on  such  process^ 
there  shall  be  an  immediate  discharge  of  such  vessel,  isothing  in  this 
or  the  preceding  section  shall  prevent  any  fisherman  from  having  his 
action  at  common  law  for  his  share  or  shares  of  fish  or  the  proceeds 
thereof. 

Sec.  4395.  There  shall  be  ai)poiuted  by  the  President,  with  the  ad- 
vice and  consent  of  the  Senate,  from  among  the  civil  officers  or  era- 
jiloyes  of  the  Government,  a  commissioner  of  fish  and  fisheries,  who 
shall  be  a  )>erson  of  ])r()ved  scientific  and  practical  acquaintance  with 
the  fishes  of  the  coast,  and  who  shall  serve  without  additional  salary. 

Sec.  4397.  The  heads  of  the  several  Executive  Dei)artmeuts  shall 
cause  to  be  tendered  all  necessary  and  practicable  aid  to  the  commis- 
sioner iu  the  prosecution  of  his  investigations  and  inquiries. 

*  There  is  no  coimna  after  the  word  liabh;  iu  the  Act  of  June  19,  1813,  cbap.  2,  sec. 
2,  first  clause. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  63 

4.— DRAWBACKS  ON  SHIP-BUILDING  MATERIALS,  ETC. 

MATERIALS   FOR   CONSTRUCTION   OF   VESSELS. 
(Revised  Statutes,  Title  XXXIII.) 

Sec.  2513.  All  lumber,  timber,  liemj),  mauila,  and  iron  and  steel  rods, 
bars,  si)ikes,  nails,  and  V^olts,  and  copi)er  and  composition  metal,  which 
may  be  necessary  for  the  construction  and  equipment  of  vessels  built  in 
the  United  States,  for  the  i)urpose  of  being  employed  in  the  foreigu 
trade,  including  the  trade  between  the  Atlantic  and  Pacific  ports  of  tlie 
United  States,  and  finished  after  the  sixth  day  of  June,  eighteen  hun- 
dred and  seventy-two,  may  be  imported  in  bond,  under  such  regula- 
tions as  the  Secretary  of  the  Treasury  may  ])rescrihe;  and  upon  ])roof 
that  such  materials  have  been  used  for  such  purpose,  no  duties  shall 
be  i)aid  thereon. 

But  vessels  receiving  the  benefit  of  this  section  shall  not  be  allowed 
to  engage  in  the  coastwise  trade  of  the  United  States  more  than  two 
months  in  any  one  year,  except  upon  the  payment  to  the  United  States 
of  the  duties  on  which  a  rebate  is  herein  allowed. 

MATERIALS   FOR   REPAIR  OF  VESSELS. 

Sec.  2514.  All  articles  of  foreigu  production  needed  for  the  repair  of 
American  vessels  engaged  exclusively  iu  foreign  trade  may  bt^  with- 
drawn from  bonded  warehouses  free  of  duty,  under  such  regulations  as. 
the  Secretary  of  [the]  Treasury  may  prescribe. 

MATERIAL  FOR   CONSTRUCTION   OR  EQUIPMENT.* 

(Revised  Statutes,  sec.  2510,  substituted  bj^  chai).  121  of  1883  for  sec.  2513,  Revised 

Statutes.) 

All  lumber,  timber,  hemp,  mauila,  wire  rope,  and  iron  and  steel  rods^ 
bars,  spikes,  nails,  aud  bolts,  and  copper  and  composition  metal  which 
may  be  necessary  for  the  construction  and  equipment  of  vessels  built 
in  the  United  States  for  foreign  account  and  ownership  or  for  the  pur- 
pose of  being  employed  in  the  foreign  trade,  including  the  trade  be- 
tween the  Atlantic  and  Pacific  ports  of  the  United  States,  after  the 
l)assage  of  this  act,  may  be  imported  in  bond  under  such  regulations 
as  the  Secretary  of  the  Treasury  may  prescribe;  and  upon  proof  that 
such  materials  have  been  used  for  such  purpose  no  duties  shall  be  paid 
thereon. 

MATERIAL  FOR   REPAIR. 

(Revised  Statutes,  2571,  substituted  by  chap.  121  of  1883,  for  sec.  2514.) 

All  articles  of  foreigu  production  needed  for  repair  of  American  ves- 
sels engaged  exclusively  iu  foreigu  trade  may  be  withdrawn  from 
bonded  warehouse  free  of  duty,  under  such  regulations  as  the  Secretary 
of  the  Treasury  maj'  prescribe. 

*Certaiu  materials  for  the  construction  of  vessels  to  be  employed  iu  foreign  trade 
may  be  withdrawn  from  bonded  warehouse  without  payment  of  duty  ;  but  the  vessel 
nceiving  the  benefit  must  not  be  employed  in  the  coastwise  trade  for  more  thau  two 
months  iu  any  one  year  without  payment  of  the  duties  on  which  the  rebate  is  allowed. 

J'esseU  with  imported  ftigiiies :  A  domestic  hull  might  receive  an  engine  of  foreign 
manufacture,  imported  complete,  jirovided  it  conformed  to  Title  LII,  Revised  Statutes, 
as  to  steam  vessels,  without  prejudice  to  documenting  as  a  vessel  of  the  United  States. 
{Tt-casurtj  decision  in  1882.) 


€4  XAyiGA.TION    LAWS    OF    THE    UNITED    STATES. 

]int  vessels  receiving  the  benefit  of  tliis  section  shall  not  be  allowed 
to  engage  in  the  coastwise  trade  of  the  United  States  more  than  tuo 
months  in  any  one  year,  except  ui)on  the  payment  to  the  United  States 
of  the  duties  on  which  a  rebate  is  herein  allowed:  Provided,  That  ves- 
sels built  in  the  United  States  for  foreign  account  and  ownership  shall 
not  be  allowed  to  engage  in  the  coastwise  trade  of  the  United  States. 

DRAAVBACK  ON  BUILDING  MATERIAL. 

"When  a  vessel  is  built  in  the  Uuited  States,  for  foreign  account, 
wholly  or  ])artly  of  foreign  materials,  on  which  import  duties  have  been 
paid,  there  shall  be  allowed  on  such  vessel  when  exported,  a  drawback 
equal  in  amount  to  the  duty  paid  on  such  materials,  to  be  ascertained 
under  such  regulations  as  may  be  prescribed  by  the  Secretary  of  the 
Treasury.  Ten  per  centum  of  the  amount  of  such  brawbackso  allowed 
shall,  however,  be  retained  for  the  use  of  the  United  States  by  the  col- 
lector paying  the  same.     (Act  of  June  26,  1884,  sec.  17.) 

FREE   WITHDRAWAL   OF   SUPPLIES. 

All  articles  of  foreign  production  needed,  and  actually  withdrawn 
from  bonded  warehouses  for  sup))lies,  not  including  equipment  of  ves- 
sels of  the  United  States  engaged  in  the  loreigu  trade,  including  the 
trade  between  the  Atlantic  and  Pacific  ports  of  the  United  States,  may 
be  so  withdrawn  free  of  duty,  under  such  regulations  as  the  Secretary 
of  the  Trea>ury  may  prescribe.     (Same  act,  sec.  16.) 

DRAWBACK   ON   BITUMINOUS   COAL. 

Sec.  10.  That  the  provision  of  Schedule  N  of  "An  act  to  reduce  in- 
ternal revenue  taxation,  and  for  other  purposes,"  approved  March  third, 
■eighteen  hundred  and  eighty-three,  allowing  a  drawback  on  imported 
bituminous  coal  used  for  fuel  on  vessels  propelled  by  steam,  shall  be 
■construed  to  apply  oulv  to  vessels  of  the  United  States.  (Act  of  June 
10,  1886.) 

ARTICLES  WITHDRAWN   FOR  CONSTRUCITION  AND  REPAIR  OF   FISHING 
AND   AVHALING  VESSELS. 

Sec.  15.  That  the  provisions  of  sections  twenty -five  hundred  and  ten 
and  twenty-five  hundred  and  eleven  of  the  Eevised  Statutes,  as  the 
sections  of  Title  thirty-three  are  numbered  in  "An  act  to  reduce  inter- 
nal revenue  taxation,  and  for  other  purposes,"  a])proved  March  third, 
eighteen  hundred  and  sixty-three,  and  the  provisions  of  section  sixteen 
of  "An  act  to  remove  certain  burdens  on  the  American  merchant  marine 
and  encourage  the  American  foreign  carrying  trade,  and  for  other  pur- 
poses," ai)proved  June  twenty-sixth,  eighteen  hundred  and  eighty-four, 
shall  apply  to  the  construction,  equipment,  repairs,  and  supplies  of 
vessels  of  the  United  States  emjdoyed  in  the  fisheries  or  in  the  whaling 
business,  in  the  same  manner  as  to  vessels  of  the  United  States  en- 
gaged in  the  foreign  trade.     (Act  of  June  19,  1886.) 


PART  III. 


1.  Transportatiox  of  passengers  and  merchandise. 

2.  Liability  of  ship-owners. 

3.  Steam-vessels. 

4.  Inspection. 

5.  General  pilot  laws. 


1.— TRANSPORTATION  OF  PASSENGERS  AND  MERCHANDISE. 

(Revised  Statutes,  Title  XL VIII,  chap.  6.) 

Sec.  4252.  No  master  of  auy  vessel  owned  iu  whole  or  lu  part  by  a 
citizen  of  the  United  States,  or  by  a  citizen  of  any  foreign  country,  shall 
take  on  board  such  vessel,  at  any  foreign  port  or  place  other  than  for- 
eign contiguous  territory  of  the  United  States,  passengers  contrary  to 
the  provisions  of  this  section,  with  intent  to  bring  such  passengers  to 
the  United  States  and  leave  such  port  or  place  and  bring  such  passen- 
gers or  any  number  thereof,  within  the  jurisdiction  of  the  United 
States.  Tlie  number  of  such  passengers  shall  not  be  greater  than  in 
the  proportion  of  one  to  every  two  tons  of  such  vessel,  not  including 
children  under  the  age  of  one  year  in  the  computation,  and  computing 
two  children  over  one  and  under  eight  years  of  age  as  one  passenger. 
The  spaces  appropriated  for  the  use  of  such  passengers,  and  which  shall 
not  be  occui)ied  by  stores  or  other  goods,  not  the  personal  baggage-of 
such  passengers,  shall  be  iu  the  following  proportions  :  On  the  main  and 
poop  decks  or  platforms,  and  in  the  deck-houses,  if  there  be  any,  one 
))assenger  for  each  sixteen  clear  superficial  feet  of  deck,  if  the  height  or 
distance  between  the  decks  or  platforms  shall  not  be  less  than  six  feet;. 
aud  on  the  lower  deck,  not  being  an  orlop  deck,  if  any,  one  passenger 
for  eighteen  such  clear  superficial  feet,  it  the  height  or  distance  between 
the  decks  or  platforms  shall  not  be  less  than  six  feet,  but  so  as  that  no 
passenger  shall  be  carried  on  any  other  deck  or  platform,  nor  upon  any 
deck  where  the  height  or  distance  between  decks  is  less  than  six  feet. 
But  on  board  two-deck  ships,  where  the  height  between  the  decks  is 
seven  and  one  half  feet  or  more,  fourteen  clear  superficial  feet  of  deck 
shall  be  the  proportion  required  for  each  passenger.  The  term  "con- 
tiguous territory,"  as  used  in  this  section,  shall  not  be  held  to  extend  to 
any  port  or  place  connecting  with  any  interoceanic  route  through  Mex- 
ico. 

Sec.  4253.  Whenever  the  master  of  any  such  vessel  takes  on  board  of 
the  same,  at  any  foreign  port  or  place,  other  than  such  contiguous  terri- 
tory, any  greater  number  of  passengers  than  in  the  proportion  to  the 
space  or  to  the  tonnage  prescribed  "in  the  preceding  section,  with  intent 
to  bring  such  passengers  to  the  United  States,  and  leaves  such  port  or 

65 
H.  Mis.  391 5 


6<D  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

place  and  brings  such  ])assengers  within  the  jurisdiction  of  the  United 
Stales,  or  takes  on  board  his  vessel,  at  any  port  or  place  within  the 
Jurisdiction  of  die  Unir.d  Stares,  any  greater  number  of  passengers  than 
in  the  projiortion  to  the  space  or  to  the  tonnage  prescribed  by  the  pre- 
ceding section,  with  intent  to  carry  the  same  to  any  foreign  port  or 
jdace  other  than  such  foreign  contiguous  territory,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall,  for  each  passenger  taken  on  board 
beyond  such  limit  or  spa(*e,  be  fined  filty  dollars,  and  may  also  be  im- 
prisoned for  not  exceeding  six  months. 

Sec.  4254.  Should  it  be  necessary  for  the  safety  or  convenience  of 
such  \essel  that  any  portion  of  her  cargo,  or  any  other  article,  should 
be  i)laced  on  or  stored  in  any  of  the  decks,  cabins,  or  other  i  daces  appro- 
])riated  to  the  use  of  i)assengers,  the  same  may  be  placed  in  lockers  or 
inclosures  pre])ared  for  the  purpose,  on  an  exterior  surface  impervious 
to  the  waves,  capable  of  being  cleansed  in  like  manner  as  the  decks  or 
platforms  of  the  vessel.  But  in  no  case  shall  the  i)laces  thus  provided 
be  deemed  to  be  a  ])art  of  the  si)ace  allowable  for  the  use  of  passengers, 
but  the  same  shall  be  deducted  therefrom;  and  in  all  cases  where  such 
lockers  or  inclosed  spaces  are  prei)ared  or  used,  the  ui)per  surface 
thereof  shall  be  deemed  the  deck  or  platform  from  which  measurement 
shall  be  made  for  all  the  i)urposes  of  this  chapter.  One  hospital,  in  the 
spaces  ai)propriated  to  passengers,  and  separate  therefrom  by  an  appro- 
priate partition,  and  furnished  as  its  purposes  require,  may  be  prepared, 
and,  when  used,  may  be  included  in  the  space  allowable  for  passengers; 
but  the  same  shall  not  occupy  more  than  one  hundred  superficial  feet  of 
deck  or  platform. 

Sec.  4255.  No  such  vessel  shall  have  more  than  two  tiers  of  berths. 
Tlte  interval  between  the  lowest  part  thereof  and  the  deck  or  platform 
beneath  shall  not  be  less  than  nine  inches;  and  the  berths  shall  be  well 
constructed,  parallel  with  the  sides  of  the  vessel,  and  separated  from 
each  other  by  i»artitions,  as  berths  ordinarily  are  separated,  and  shall  be 
at  least  six  feet  in  length,  and  at  least  two  feet  in  width,  and  each  such 
berth  shall  be  occupied  by  no  more  than  one  passenger ;  but  double 
berths  of  twice  the  above  width  may  be  constructed,  each  berth  to  be 
occupied  by  no  more  and  by  no  other  than  two  women,  or  by  one  woman 
and  two  children  under  the  age  of  eight  years,  or  by  husband  and  wife, 
or  by  a  man  and  two  of  his  own  children  under  the  age  of  eight  years, 
or  by  two  men,  members  of  the  same  family.  For  any  violation  of  this 
section,  the  master  of  the  vessel,  and  the  owners  thereof,  shall  severally 
be  liable  to  a  penalty  of  five  dollars  for  each  passenger  on  board  of  such 
vessel  on  such  voyage,  to  be  recovered  by  the  United  States  in  any  i^ort 
where  such  vessel  may  arrive  or  depart. 

Sec.  4256.  All  vessels,  whether  of  the  United  States,  or  any  foreign 
country,haviug  sufficient  space,  according  to  law,  for  fifty  or  more  passen- 
gers, other  than  cabin  passengers,  shall,  when  employed  on  transporting 
such  passengers  between  the  United  States  and  Europe,  have,  in  the  up- 
l)er  deck,  for  the  use  of  such  passengers,  a  house  over  the  passage-way 
leading  to  the  a]>artments  allotted  to  such  passengers  below  deck, 
firmly  secured  to  the  deck  or  combings  of  the  hatch,  with  two  doors, 
the  sills  of  which  shall  be  at  least  one  foot  above  the  deck,  so  constructed 
that  one  door  or  window  in  such  house  may  at  all  times  be  left  open 
for  ventilation.  All  vessels  so  employed,  and  having  the  capacity  to 
carry  one  hundred  and  fifty  such  i)assengers  or  more,  shall  have  two 
such  houses ;  and  the  stairs  or  ladder  leading  down  to  such  apartments 
shall  be  furnished  with  a  hand-rail  of  wood  or  strong  rope  ;  but  booby- 
hatches  may  be  substituted  for  such  houses. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  G7 

Sec.  4257.  Every  such  vessel  so  employed  in  transporting- ])asseii<>er8 
between  the  United  States  and  Enrope,  and  liaving  space  according  to 
law  for  more  tlian  one  hundred  such  passengers,  shall  have  at  least  two 
ventilators  to  i)urify  each  ajtartment  occupied  by  such  i)assengers;  one 
of  which  shall  be  inserted  in  the  alter  pait,  and  the  other  iti  the  for- 
ward part  of  the  apartment,  and  one  of  them  shall  have  an  exhausting- 
caj)  to  carry  oti"  the  foul  air,  and  the  other  a  receiving  cap  to  carry  down 
the  fresh  air.  Such  \entilators  shall  have  a  ca])acity  ])roi)()rtioned  to 
the  size  of  the  apartments  to  be  purified,  uamely  :  If  the  apartments 
will  lawfully  authoi'ize  the  reception  of  two  hundred  such  passengers, 
the  cai)acity  of  each  of  such  ventilators  shall  be  equal  to  a  tube  of 
twelve  inches  diameter  in  the  (^lear,  and  in  proportion  for  larger  or 
smaller  apartments.  All  such  ventilators  shall  rise  at  least  four  feet 
six  inches  above  the  upper  deck  of  any  such  vessel,  and  be  of  the  most 
approved  form  and  construction.  If  it  ai)pears  from  the  report  to  be 
made  and  approved,  as  i)rovided  in  section  forty-two  hundred  and  sev- 
enty-two, that  such  vessel  is  equally  well  ventilated  by  any  other  means, 
such  other  means  of  ventilation  shall  be  deemed  to  be  a  compliance  with 
the  provisions  of  this  section. 

Sec.  4258.  Every  vessel  carrying  more  than  fifty  such  passengers, 
and  engaged  in  transporting  them  between  the  United  States  and  Eu- 
rope, shall  have  for  their  use  on  deck,  housed  and  conveniently  ar- 
ranged, at  least  one  camboose  or  cookiug-rauge,  the  dimensions  of  which 
shall  be  equal  to  fourfeet  long  and  one  foot  six  inches  wide  for  every  two 
hundred  passengers ;  and  provision  shall  be  made  in  the  same  manner, 
in  this  ratio,  for  a  greater  or  less  number  of  passengers  ;  but  nothing  in 
this  section  shall  take  away  the  right  to  make  such  arraugemeuts  for 
cooking  between  decks,  if  that  shall  be  deemed  desirable. 

Sec.  4259.  The  master  and  owner  of  any  such  vessel  so  employed 
which  sjiall  not  be  provided  with  the  house  or  houses  over  the  passage- 
ways, or  with  the  ventilators,  or  with  the  cainbooses  or  cooking-ranges 
with  the  houses  over  them,  required  by  this  Title,  shall  severally  be  lia- 
ble to  a  i^tiualty  of  two  hundred  dollars  for  each  and  every  violation  of, 
or  neglect  to  conform  to,  each  of  these  requirements,  to  be  recovered 
by  suit  in  any  circuit  or  district  court  of  the  United  States  within  the 
jurisdiction  of  which  such  vessel  may  arrive,  or  from  which  she  may  be 
about  to  deitart,  or  at  any  place  within  the  jurisdiction  of  such  courts, 
wherever  the  owner  or  master  of  such  vessel  may  be  found. 

Sec.  4200.  All  vessels  so  employed  in  transporting  passengers  be- 
tween the  United  States  and  Europe  shall  have  on  board,  for  the  use  of 
such  i)assengers,  at  the  time  of  leaving  the  last  port  whence  such  vessel 
shall  sail,  ^^nill  secured  under  deck,  for  each  passenger,  at  least  twenty 
pounds  of  good  navy  bread,  fifteen  ])Oundsof  rice,  fifteen  jiounds  of  oat- 
meal, ten  j)ounds  of  wheat-flour,  fifteen  pounds  of  pease  and  beans, 
twenty  pounds  of  potatoes,  one  ])int  of  vinegar,  sixty  gallons  of  fresh 
water,  ten  pounds  of  salted  pork,  and  ten  i)ounds  of  salt  beef,  free  of 
bone,  all  to  be  of  good  quality.  At  places  where  either  rice,  oatmeal, 
wheat-flour,  or  pease  and  beans  cannot  bei)rocured,  of  good  quality  and 
on  reasonable  terms,  the  quantity  of  either  or  any  of  theother  last-named 
articles  may  be  increased  and  substituted  therefor;  and,  in  case  pota- 
toes cannot  be  procured  on  reasonable  terms,  one  pound  of  either  of 
such  articles  may  be  substituted  in  lieu  of  five  pounds  of  potatoes.  The 
masters  of  such  vessels  shall  deliver  to  each  passenger  at  least  one-tenth 
part  of  such  provisions  weekly,  commencing  on  the  day  of  sailing,  and 
at  least  three  quarts  of  water  daily. 


68  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Sec.  42G1.  If  the  i)asseugeis  on  board  of  any  such  vessel  in  which  the 
provisious  aud  water  t<hall  uot  have  been  provided  as  required  b}'  the 
precediiifi  section,  shall,  at  any  time,  be  put  on  short  allowance  during 
any  voyage,  the  master  or  owner  of  any  such  vessel  shall  pay  to  each 
passenger  i)ut  on  short  allowance,  the  sum  of  three  dollars  for  each  and 
every  day  such  ])asseuger  may  have  been  put  on  short  allowance,  to  be 
recovered  in  the  circuit  or  district  court  of  the  United  States. 

Sec.  4262.  It  shall  be  the  duty  of  the  master  of  every  vessel  employed 
in  traiisi)orting  passengers  between  the  United  States  aud  Europe,  to 
cause  the  food  and  provisions  of  all  the  passengers  to  be  well  and  prop- 
erly cooked  daily,  and  to  be  served  out  and  distributed  to  them  at  reg- 
ular and  stated  hours,  by  messes,  or  in  such  other  manner  as  shall  be 
deemed  best  and  most  conducive  to  the  health  and  comfort  of  such 
passengers,  of  which  hours  and  manner  of  distribution  due  and  su£B- 
cient  notice  shall  be  given.  Every  master  of  any  such  vessel  who  will- 
fully fails  to  furnish  and  distribute  provisions  in  the  quantity  and  cooked 
in  the  manner  required  by  this  Title  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall  be  fined  not  more  than  one  thousand  dollars,  and 
imprisoned  for  a  term  not  exceeding  one  year.  The  enforcement  of  this 
penalty,  however,  shall  not  affect  tlie  civil  responsibility  of  the  master 
and  owners  to  such  passengers  as  may  have  suffered  from  such  default. 

Sec,  4263.  The  master  of  any  vessel  employed  in  transporting  passen- 
gers between  the  United  States  aud  Europe  is  authorized  to  maintain 
good  discipline  and  such  habits  of  cleanliness  among  passengers  as  will 
tend  to  the  preservation  and  promotion  of  health ;  and  to  that  end  he 
shall  cause  such  regulations  as  he  may  adopt  for  this  purpose  to  be 
posted  uj),  before  sailing,  on  board  such  vessel,  in  a  place  accessible  to 
such  i)assengers,  and  shall  keep  the  same  so  posted  up  during  the  voy- 
age. Such  master  shall  cause  the  apartments  occupied  by  such  passen- 
gers to  be  kept  at  all  times  in  a  clean,  healthy  state;  and  the  owners  of 
every  such  vessel  so  employed  are  required  to  construct  the  decks  aud 
all  parts  of  the  apartments  so  that  they  can  be  thoroughly  cleansed ;  and 
also  to  provide  a  safe,  convenient  i)rivy  or  water-closet  for  the  exclusive 
use  of  every  one  hundred  such  passengers.  The  master  shall  also,  when 
the  weather  is  such  that  the  passengers  cannot  be  mustered  on  deck 
with  their  bedding,  and  at  such  other  times  as  he  may  deem  necessary, 
cause  the  deck  occupied  by  such  passengers  to  be  cleansed  with  chlo- 
ride of  lime,  or  some  other  equally  efficient  disinfecting  agent.  And  for 
each  neglect  or  violation  of  any  of  the  provisions  of  this  section,  the 
master  and  owner  of  any  such  vessel  shall  be  severally  liable  to  the 
United  States  in  a  i)eualty  of  fifty  dollars,  to  be  recovered  in  any  cir- 
cuit or  district  court  within  the  jurisdiction  of  which  such  vessel  may 
arrive,  or  from  which  she  is  about  to  depart,  or  at  any  place  where  the 
owner  or  master  may  be  found. 

Sec.  4264.  The  collector  of  the  customs,  at  any  port  at  which  any  ves- 
sel so  emi)loyed  shall  arrive,  or  from  which  any  such  vessel  shall  be 
about  to  depart,  shall  appoint  and  direct  one  or  more  of  the  inspectors 
of  the  customs  for  such  port  to  examine  such  vessel,  and  report  in  writ- 
ing to  him  whether  the  requirements  of  law  have  been  complied  within 
respect  to  such  vessel;  and  if  such  report  shall  state  such  compliance, 
and  shall  be  api)roved  by  such  collector,  it  shall  be  deemed  prima-facie 
evidence  thereof. 

Sec.  4265.  Vessels  bound  from  any  port  in  the  United  States  to  anj- 
port  or  place  in  the  l*acific  Ocean,  or  on  its  tributaries,  or  from  any 
such  port  or  i)lace  to  any  port  in  the  United  States  on  the  Atlantic,  or 
its  tributaries,  including  vessels  whose  passengers,  or  any  part  of  them, 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  69 

shall  be  bound  from  or  to  any  of  those  ports  or  places,  by  way  of  any 
overland  route  thronjih  Mexico  or  Central  America,  shall  be  subject  to 
the  foregoing  provisions  regulating  the  carriage  of  passengers  in  mer- 
chant vessels,  except  so  much  as  relates  to  food  and  water;  but  the 
owners  and  masters  of  such  vessels  shall  in  all  cases  furnish  to  each 
passenger  the  daily  supply  of  water  therein  mentioned;  and  they  shall 
fnnush  a  sufticient  supply  of  good  and  wholesome  food,  properly  cooked ; 
and  in  case  they  shall  fail  so  to  do,  or  shall  provide  unwholesome  or 
unsuitable  food,  such  masters  or  owners  shall  be  liable  to  pay  to  each 
passenger  the  sum  of  three  dollars  for  each  day  on  which  such  failure  or 
wrongful  act  is  committed,  to  be  recovered  in  the  circuit  or  district 
court  of  the  United  States. 

Sec.  4260,  The  master  of  any  vessel  arriving  in  the  United  States,  or 
any  of  the  Territories  thereof,  from  any  foreign  i)lace  whatever,  at  the 
same  time  tliat  he  delivers  a  manifest  of  the  cargo,  and  if  there  be  no 
cargo,  then  at  the  time  of  making  report  or  entry  of  the  vessel,  pursu- 
ant to  law,  shall  also  deliver  and  report  to  the  collector  of  the  district  iu 
which  such  vessel  shall  arrive  a  list  of  all  the  passengers  taken  on  boaid 
of  the  vessel  at  any  foreign  port  or  i)lace;  in  which  list  he  shall  desig- 
nate particularly  the  age,  sex,  and  occupation  of  the  passengers  respect- 
ively, the  part  of  the  vessel  occupied  by  each  during  the  voyage,  the 
country  to  which  they  severally  belong,  and  that  of  which  it  is  their 
intention  to  become  inhabitants;  and  shall  further  set  forth  whether 
any  and  wiiat  number  have  died  on  the  voyage;  such  list  shall  be 
sworn  to  by  the  n)aster,  in  the  same  manner  as  directed  bylaw  in  rela- 
tion to  the  numifest  of  the  cargo;  and  the  refusal  or  neglect  of  the  mas- 
ter to  comply  with  the  provisions  of  this  section,  or  any  part  thereof, 
shall  incur  the  same  penalties,  disabilities,  and  forfeitures  as  are  pro- 
vided for  a  refusal  or  neglect  to  report  and  deliver  a  manifest  of  the 
cargo. 

Seo.  4267.  Every  collector  of  the  customs  to  whom  such  lists  of  pas- 
seugers  shall  be  delivered,  shall  quarter-yearly  return  copies  thereof  to 
the  Secretary  of  State. 

Sec.  4268.  In  case  there  shall  have  occurred  on  board  any  vessel  ar- 
riving at  any  port  or  place  within  the  United  States  or  its  Territories, 
any  death  among  the  passengers,  other  than  cabin  passengei's,  the 
master,  or  owner,  or  consignee  of  such  vessel,  shall,  within  twenty-four 
hours  after  the  time  within  w^hich  the  report  and  list  of  passengers  is 
required  to  be  delivered  to  the  collector  of  the  customs,  pay  to  the  col- 
lector the  sum  of  ten  doUars  for  each  and  every  ])assenger  above  the 
age  of  eight  years,  who  shall  have  died  on  the  voyage  by  natural  dis- 
ease. The  collector  shall  pay  the  money  thus  received,  at  such  times 
and  in  such  nuiimer  as  the  Secretary  of  the  Treasury,  by  general  rules, 
shall  direct,  to  any  board  or  commission  appointed  by  and  acting  under 
the  authority  of  the  State  within  which  the  port  where  such  vessel  ar- 
rived is  situated,  for  the  care  and  protection  of  sick,  indigent,  or  destitute 
emigrants,  to  be  applied  to  the  objects  of  their  appointment;  and  if 
there  be  more  than  one  board  or  commission  who  shall  claim  such  pay- 
ment, the  Secretary  of  the  Treasury  shall  determine  which  is  entitled 
to  receive  the  same,  and  his  decision  in  the  premises  shall  be  tiiud  aiul 
without  appeal;  but  such  payment  shall  in  no  case  be  awarded  or  made 
to  any  board,  or  commission,  or  association,  formed  for  the  protection 
or  advancement  of  any  particular  class  of  emigrants,  or  emigrants  of 
any  particular  nation  or  creed. 

Sec.  4260.  Every  master,  owner,  or  consignee  of  any  vessel,  who 
refuses  or  neglects  to  pay  to  the  collector  any  sum  of  money  required, 


70  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

witliiii  the  time  prescribed  by  tlic  preceding  section,  shall  be  liable  to  a 
penalty  of  fifty  dollars,  in  addition  to  such  sum  of  ten  dollars,  for  each 
passenger  upon  whose  death  the  same  has  become  payable,  to  be  recov- 
ered by  the  Tnited  States  in  any  circuit  or  district  court  of  the  United 
States  where  such  vessel  may  arrive,  or  such  master,  owner,  or  consignee 
may  reside;  and  the  money  shall  be  disposed  of  in  the  same  manner  as 
is  directed  with  respect  to  the  sums  required  to  be  paid  to  the  collector 
of  customs. 

Sec.  41270.  Tiie  amount  of  the  several  penalties  imposed  by  the  fore- 
going i)r()visions  regulating  the  carriage  of  passengers  in  merchant- ves- 
sels shall  be  liens  on  the  vessel  violating  tiiose  provisions,  and  such 
vessel  shall  be  libeled  tlierefor  in  any  circuit  or  district  court  of  the 
United  States  where  such  vessel  shall  arrive. 

Sec.  4271.  Any  vessel  which  uuiy  be  employed  by  the  American  Col- 
onization Society,  or  the  colonization  society  of  any  State,  to  transport, 
and  whi(!h  shall  actually  transport,  from  i\uy  port  of  the  United  States 
to  any  colony  on  the  west  coast  of  Africa,  colored  emigrants,  to  reside 
there,  shall  be  subject  to  the  operation  of  the  foregoing  provisions  i^eg- 
ulating  the  carriage  of  i)assengers  in  merchant- vessels. 

Sec.  4272.  The  collector  of  the  customs  shall  examine  each  emigrant- 
vessel,  on  its  arrival  at  his  port,  and  ascertain  and  report  to  the  Secre- 
tary of  the  Treasury  the  time  of  sailing,  the  length  of  the  voyage,  the 
ventilation,  the  number  of  passenj:ers.  their  space  on  board,  their  food, 
the  native  country  of  the  emigrants,  the  number  of  deaths,  the  age  and 
sex  of  those  who  died  during  the  voyage  ;  together  with  his  opinion 
of  the  cause  of  the  mortality,  if  any,  on  board,  and,  if  none,  what  pre- 
cautionary measures,  arrangements,  or  habits,  are  supposed  to  have 
had  any,  and  what,  agency  in  causing  the  exemption. 

Sec.  4273.  Informeis  shall  be  entitled  to  one-half  of  any  penalty  or 
fine  collected  under  the  provisions  relating  to  the  transportation  of  pas- 
sengers in  vessels  to  or  from  any  foreign  port  or  place  other  than  foreign 
contiguous  country,  upon  their  information. 

Sec.  4274.  The  provisions  of  this  Title  relating  to  the  transportation 
of  passengers  between  the  United  States  an<l  any  port  other  than  for- 
eign contiguous  territory,  except  such  as  relate  to  lists  or  manifests  of 
passengers,  shall  apply  to  all  vessels  owned,  in  whole  or  in  part,  by 
citizens  of  the  United  States,  and  registered,  enrolled,  or  licensed  within 
the  United  States,  and  to  all  masters  thereof  carrying  passengers  or 
intending  to  carry  passengers  from  any  foreign  port  without  the  United 
States  to  any  other  foreign  port  without  the  United  States,  and  all  the 
penalties  and  forfeitures  provided  for  in  such  provisions  shall  apply  to 
such  vessels  and  masters. 

Sec.  4275.  Neither  the  officers,  seamen,  nor  other  persons  employed 
on  board  of  any  vessel  bringing  emigrant  passengers  to  the  United 
States,  or  any  of  them,  shall  visit  or  frequent  any  part  of  such  vessel 
assigned  to  emigrant  passengers,  except  by  the  direction  or  permission 
of  the  master  of  such  vessel  first  made  or  given  for  such  purpose. 
Every  officer,  seaman,  or  other  person  employed  on  board  of  such  vessel, 
who  shall  violate  the  i)rovisions  of  this  section  shall  be  deemed  guilty 
of  a  misdemeanor,  and,  on  conviction  thereof,  shall  forfeit  to  the  vessel 
his  wages  for  the  voyage  of  the  vessel  during  which  the  offense  has 
been  committed. 

Sec.  427().  Every  master  who  directs  or  permits  any  officer  or  sea- 
man or  other  person  employed  on  board  of  any  vessel  to  visit  or  frequent 
any  part  of  such  vessel  assigned  to  emigrant  passengers,  except  for  the 
purpose  of  doing  or  performing  some  necessary  act  or  duty  as  an  officer. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  71 

seainan,  or  other  person  employed  on  board  of  the  vessel,  shall  be 
deemed  <?ui1t.v  of  a  misdemeanor,  and  shall  be  punishable  by  a  fine  of 
fifty  dollars  for  each  occasion  on  which  he  so  directs  or  permits  the  pro- 
visions of  this  section  to  be  violated  by  any  officer,  seaman,  or  other 
person  employed  on  board  of  such  vessel. 

Sec.  4277.  The  master  of  every  vessel  bringing  emigrant  passengers 
to  the  United  States  shall  post  a  written  or  printed  notice  in  the  Eng- 
lish, French,  and  German  languages  containing  the  provisions  of  the 
two  preceding  sections  in  a  conspicuous  place  on  the  forecastle,  and  in 
the  several  parts  of  the  vessel  assigned  to  emigrant  passengers,  and 
keej)  the  same  so  posted  during  the  voyage  ;  and  if  he  neglects  so  to  do, 
he  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  punishable 
by  a  fine  of  not  more  than  five  hundred  dollars. 

*Sec.  4278.  It  shall  not  be  lawful  to  transport,  carry, or  convey,ship, 
deliver  on  board,  or  cause  to  be  delivered  on  board,  the  substance  or 
article  known  or  designated  as  uitro-glycerine,or  glyuoin  oil,  nitroleuui 
or  blasting  oil,  or  nitrated  oil,  or  powder  mixed  with  any  such  oil,  or 
fiber  saturated  with  any  such  article  or  substance,  upon  or  in  any  vessel 
or  vehicle  used  or  employed  in  transporting  passengers  by  land  or  water 
between  a  ])lace  in  any  foreign  country  and  a  place  within  the  limits  of 
any  State,  Tt  rritory,  or  district  of  the'United  States,  or  between  a  place 
in  one  State,  Territory,  or  district  of  the  Uuiteil  States,  and  a  place  in 
any  other  State,  Territory,  or  district  thereof. 

*Sbc.  4279.  It  shall  not  be  lawful  to  ship,  send,  or  forward  any  quan- 
tity of  the  substances  of  articles  named  in  the  preceding  section,  or  to 
transport,  coi.vey,  or  carry  the  same  by  a  vessel  or  vehicle  of  any  de- 
scription, upon  laud  or  water,  between  a  place  in  a  foreign  country  and 
a  place  within  the  United  States,  or  between  a  place  in  one  State,  Ter- 
ritory, or  district  of  the  United  States,  and  a  place  in  any  other  State, 
Territory,  <n' district  thereof,  unless  the  same  shall  be  securely  inclosed, 
deposited,  or  i)acked  in  a  metallic  vessel  surrounded  by  plaster  of  Paris, 
or  other  material  that  will  be  non-explosive  when  saturated  with  such 
oil  or  substance,  an<l  separate  from  all  other  substances,  and  the  out- 
side of  the  package  containing  the  same  be  marked,  printed,  or  labeled 
in  a  conspicuous  manner  with  the  words  "Nitrogiycerine,  dangerous." 

tSEC.  4'_'80.  The  two  preceding  sections  shall  not  be  so  construed  as 
to  prevent  any  State,  Territory,  district,  city,  or  town  within  the  United 
States  from  regulating  or  from  prohibiting  the  traffic  in  or  transportation 
of  those  substances,  between  persons  or  places  lying  or  being  within 
their  respective  territorial  limits,  or  from  ]>rohibiting  the  introduction 
thereof  into  such  limits,  for  sale,  use,  or  consun)ption  therein. 

Sec.  4281.  If  any  shipper  of  platiua,  gold,  gold  dust,  silver,  bullion, 
or  other  precious  metals,  coins,  jewelry,  bills  of  any  bank  or  public  body, 
diamonds,  or  other  precious  stones,  or  any  gold  or  silver  in  a  numn- 
factured  or  unmanufactured  state,  watches,  clocks,  or  time  pieces  of  any 
description,  trinkets,  orders,  note-,  or  securities  for  payment  (f  money, 
stamps,  maps,  writings,  title-deeds,  i)rintings,  engravings,  pictures, 
gold  or  silver  plate  or  plated  articles,  glass,  china,  silks  in  a  manufact- 
ured or  unmanufactured  state,  and  whether  wrought  up  or  not  wrought 
up  with  any  other  material,  furs,  or  lace,  or  any  of  them,  contained  in  any 
parcel,  or  package,  (u^  trunk,  shall  lade  the  sauu^  as  freight  or  baggage, 
on  any  vessel,  without  at  the  time  of  such  lading  giving  to  the  master, 
clerk,  agent,  or  owner  of  such  vessel  receiving  the  same  a  written  notice 

*See  sec.  r)35".i-53.J5. 

tSee  Act  of  March  3,  1851,  ch.  43,  sec.  4. 


72  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

of  the  true  character  and  value  thereof,  and  having  the  same  entered  on 
the  bill  of  lading  therefor,  the  master  and  owner  of  such  vessel  shall 
not  be  liable  as  carriers  thereof  in  any  form  or  manner;  nor  shall  any 
such  master  or  owner  be  liable  for  any  such  goods  beyond  the  value  and 
according  to  the  character  thereof  so  notified  and  entered. 


Chap.  :>74. — An  act  to  regulate  the  carriage  of  passeugers  by  sea. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  it  shall  not  be  lawful 
for  the  master  of  a  steamship  or  other  vessel  whereon  emigrant  pas- 
seugers, or  passengers  other  than  cabin  passengers,  have  been  taken 
at  auy  port  or  place  in  a  foreign  country  or  dominion  (ports  and  places 
in  foreign  territory  contiguous  to  the  United  States  excepted)  to  bring 
such  vessel  and  passengers  to  any  port  or  place  in  the  United  States 
unless  the  compartments,  spaces,  and  accommodations  hereinafter  men- 
tioned have  been  provided,  allotted,  maintained,  and  used  for  and  by 
such  passengers  during  the  entire  voyage ;  that  is  to  say,  in  a  steam- 
ship, the  compartments  or  spaces,  unobstructed  by  cargo,  stores,  or 
goods,  shall  be  of  suflicieut  dimensions  to  allow  for  each  and  every  pas- 
senger carried  or  brought  therein  one  hundred  cubic  feet,  if  the  com- 
partment or  space  is  located  on  the  main  deck  or  on  the  first  deck  next 
■below  the  main  deck  of  the  vess^el,  and  one  hundred  and  twenty  cubic 
feet  for  each  passenger  carried  or  brought  therein  if  the  compartment 
■or  space  is  located  on  the  second  deck  below  the  main  deck  of  the  vessel; 
and  it  shall  not  be  lawful  to  carry  or  bring  passeugers  on  any  deck 
-other  than  the  decks  above  mentioned.  And  in  sailing-vessels  such 
passengers  shall  be  carried  or  brought  only  on  the  deck  (not  being  an 
orlop  (leek)  that  is  next  below  the  main  deck  of  the  vessel,  or  in  a  poop 
or  deck-house  constructed  on  the  main  deck  ;  and  the  compartment  or 
space,  unobstructed  by  cargo,  stores,  or  goods,  shall  be  of  sufficient 
dimensions  to  allow  one' hundred  and  ten  cubic  feet  for  each  and  every 
passenger  brought  therein.  And  such  passengers  shall  not  be  carried 
or  brought  in  any  betweendecks,  nor  in  any  compartment,  space,  poop, 
or  deckhouse,  the  height  of  which  from  deck  to  deck  is  less  than  six 
feet.  In  computing  the  number  of  such  passengers  carried  or  brought 
in  any  vessel,  children  under  one  year  of  age  shall  not  be  included,  and 
two  children  between  one  and  eight  years  of  age  shall  be  counted  as 
one  passenger;  and  any  person  brought  in  such  vessel  who  shall  have 
been,  during  the  voyage,  taken  from  any  other  vessel  wrecked  or  in  dis- 
tress on  the  high  seas,  or  have  been  picked  up  at  sea  from  any  boat, 
raft,  or  otherwise,  shall  not  be  included  in  such  comjjutation.  The 
master  of  a  vessel  coming  to  a  port  or  place  in  the  United  States  in  vio- 
lation of  either  of  the  jnovisions  of  this  section  shall  be  deemed  guilty 
of  a  misdemeanor;  and  if  the  number  of  passengers  other  than  cabin 
passengers  carried  or  brought  in  the  vessel,  or  in  any  compartment, 
space,  ])oop,  or  deck  house  thereof,  is  greater  than  the  number  allowed 
to  be  carried  or  brought  therein,  respectively,  as  hereinbefore  prescribed, 
the  said  master  shall  be  lined  fifty  dollars  for  each  and  every  pass^enger 
in  excess  of  the  proper  number,  and  may  also  be  imprisoned  not  ex- 
<;eeding  six  months. 

Sec.  2.  That  in  every  such  steamship  or  other  vessel  there  shall  be  a 
sufficient  number  of  berths  for  the  proper  accommodation  as  hereinafter 
provided,  of  all  such  i)assengers.     There  shall  not  be  on  any  deck  nor 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  73 

in  any  compartment  or  space  occupied  by  such  passengers  more  than 
two  tiers  of  berths.  The  berths  shall  be  properly  constructed,  and  be 
separated  from  each  other  by  partitions,  as  berths  ordinarily  are  sepa- 
rated, and  each  berth  shall  be  at  least  two  feet  in  width  and  six  feet  in 
length;  and  the  interval  between  the  Hoor  or  lowest  part  of  the  lower 
tier  of  berths  and  the  deck  beneath  them  shall  not  be  less  than  six  inches, 
nor  the  interval  between  each  tier  of  berths,  and  the  interval  between 
the  uppermost  tier  and  the  deck  above  it,  less  than  two  feet  six  inches; 
and  each  berth  shall  be  occupied  by  not  more  than  one  passenger  over 
eight  years  of  age  ;  but  double  berths  of  twice  the  above-mentioned  width 
may  be  provided,  each  double  berth  to  be  occupied  by  no  more  and  by 
none  other  than  two  women,  or  by  one  woman  and  two  children  under 
he  age  of  eiglit  years,  or  by  husband  and  wife,  or  by  a  man  and  two  of  his 
own  children  under  the  age  of  eight  years,  or  by  two  men  personally 
acquainted  with  each  other.  xVll  the  male  passengers  upwards  of  four- 
teen years  of  age  who  do  not  occupy  berths  with  their  wives  shall  be 
berthed  in  the  fore  part  of  the  vessel,  in  a  compartment  divided  off  from 
the  space  or  spaces  ap])ropriated  to  the  other  passengers  by  a  substantial 
and  well-secured  bulkhead ;  and  unmarried  female  passengers  shall  be 
berthed  in  a  compartment  sei)arated  from  the  spaces  occupied  by  other 
passengers  by  a  substantial  and  well-constructed  bulkhead,  the  opening 
or  communication  from  which  to  an  adjoining  passenger  s])ace  shall  be 
so  constructed  that  it  can  be  closed  and  secured.  Families,  however, 
shall  not  be  separated  except  with  their  consent.  Each  berth  shall  be 
numbered  serially,  on  the  outside  berth-board,  according  to  the  number 
of  passengers  that  may  lawfully  occupy  the  berth  ;  and  the  berths  occu- 
pied by  such  passengers  shall  not  be  removed  or  taken  down  until  the 
expiration  of  twelve  hours  from  the  time  of  entry,  unless  previously  in- 
spected within  a  shorter  period.  For  any  violation  of  either  of  the  pro- 
visions of  this  section  the  master  of  the  vessel  shall  be  liable  to  a  fine 
of  live  dollars  for  each  passenger  carried  or  brought  on  the  vessel. 

Sec.  3.  That  every  such  steamship  or  other  vessel  shall  have  ade- 
quate i)rovisions  for  affording  light  and  air  to  the  passenger-decks  and 
to  the  compartments  ami  spaces  occupied  by  such  passengers,  and  with 
adequate  means  and  appliances  for  ventilating  the  said  compartments 
and  s|)aces.  To  compartments  having  sufficient  space  for  fifty  or  more 
of  such  passengers  at  least  two  ventilators,  each  not  less  than  twelve 
inches  in  diameter,  shall  be  provided,  one  of  which  ventilators  shall  be 
inserted  in  the  forward  part  of  the  compartment,  and  the  other  in  the 
after  part  thereof,  and  shall  be  so  constructed  as  to  ventilate  the  com- 
partment; and  a<lditional  ventilators  shall  be  provided  for  each  com- 
partment in  the  proportion  of  two  ventilators  for  each  additional  fifty 
of  such  i)assengers  carried  or  brought  in  the  comi)artment.  All  ventila- 
tors shall  be  carried  at  least  six  feet  above  the  ui)pernu)st  deck  of  the 
vessel,  and  shall  be  of  the  most  a])i)roved  form  and  construction.  In 
any  steamship  the  ventilating  apparatus  ])rovided,  or  any  method  of 
ventilation  adopted  thereon,  which  has  been  approved  by  the  proper 
emigration  officers  at  the  port  or  place  from  which  said  vessel  was 
cleared,  shall  be  deemed  a  comi)liance  with  the  foregoing  provisions; 
and  in  all  vessels  carrying  or  bringing  such  jiassengers  there  shall  be 
properlv-constructed  hatchways  over  the  compartments  or  spaces  occu- 
pied by  such  passengers,  which  hatchway  shall  be  i)r<)i)erly  covered 
with  houses  or  booby  hatches,  and  the  combings  or  sdls  of  which  shall 
rise  at  least  six  inches  above  the  deck  ;  and  there  shall  be  proper  coju- 
panion-ways  or  ladders  from  each  hatchway  lea«lingto  the  compartments 
or  spaces  occupied  by  such  i)assengers  ;  and   the  said  c<)mi)ani<>n-ways 


74  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

or  ladders  shall  be  securely  coiistnujted,  and  be  provided  with  hand- 
rails or  strong  rope,  and,  when  the  weather  will  permit,  such  passengers 
shall  have  the  use  of  each  hatcliway  situated  over  the  compartments  or 
spaces  appropriated  to  their  use;  and  every  vessel  carrying  or  bring- 
ing such  passengers  shall  have  a  properly  located  and  constructed  ca- 
boose and  cooking-range,  or  other  cooking  apparatus,  the  dimensions 
and  capacity  of  which  shall  I  e  sufficient  to  provide  for  properly  cooking 
and  preparing  the  food  of  all  such  passengers.  In  every  vessel  carry- 
ing or  bringing  such  passengers  there  shall  be  at  least  two  water-closets 
or  privies,  and  an  additional  water-closet  or  privy  for  every  one  hun- 
dred male  passengers  on  boaid,  fV.r  the  exclusive  use  of  such  male  pas- 
sengers, and  an  additional  water  closet  or  privy  for  every  fifty  female 
liassengers  on  bof^rd,  for  the  exclusive  use  of  the  female  passengers  and 
young  children  on  board.  The  aforesaid  water-closets  and  privies  shall 
be  properly  enclosed  and  located  on  each  side  of  the  vessel,  and  shall 
be  separated  from  passengers'  spaces  by  substantial  and  properly- 
constructed  partitions  or  bulkheads;  and  the  water-closets  and  privies 
shall  be  kei)t  and  maintained  in  a  serviceable  and  cleanly  condition 
throughout  the  voyage.  For  any  violation  of  either  of  the  provisions  of 
this  section,  or  for  any  neglect  to  conform  to  the  requirements  thereof,  the 
master  of  tlie  vessel  shall  be  liable  to  a  penalty  not  exceeding  two  hun- 
dred and  fifty  dollars. 

Sec.  4.  An  allowance  of  good,  wholesome,  and  proper  food,  with  a  rea- 
sonable quantity  of  fresh  provisions,  which  food  shall  be  equal  in  value 
toone  andahalf  navyrationsof  tbeUnited  States,and  of  fresh  water,not 
less  than  four  quarts  per  day,  shall  be  furnished  each  of  such  pas- 
sengers. Three  meals  shall  be  served  daily,  at  regular  and  stated  hours, 
of  which  hours  sufficient  notice  shall  be  given.  If  any  such  passengers 
shall  at  any  time  during  the  voyage  be  put  on  short  allowance  for  food 
and  water,* the  master  of  the  vessel  shall  pay  to  each  passenger  three 
dollars  for  each  and  every  day  the  passenger  may  have  been  put  on 
short  allowance,  except  in  case  of  accidents,  where  the  captain  is 
obliged  to  put  the  passengers  on  short  allowance.  Mothers  with  infants 
and  young  children  shall  be  furnished  the  necessary  quantity  of  whole- 
some milk  or  condensed  milk  for  the  sustenance  of  the  latter.  Tables 
and  seats  shall  be  provided  for  the  use  of  passengers  at  regular  meals. 
And  for  every  willful  violation  of  any  of  the  provisions  of  this  section 
the  master  of  the  vessel  shall  be  deemed  guilty  of  a  misdemeanor  and 
shall  be  fined  not  more  than  five  huudn  d  dollars,  and  be  imprisoned 
for  a  term  not  exceeding  six  months.  The  enforcement  of  this  penalty, 
however,  shall  not  affect  the  civil  responsibility  of  the  master  and  own- 
ers of  the  vessel  to  such  passengers  as  may  have  suffered  from  any  neg- 
ligence, breach  of  contract,  or  default  on  the  part  of  such  master  and 
owners. 

Sec.  5.  That  in  every  such  steamship  or  other  vessel  there  shall  be 
properly  iuiilt  and  secured,  or  divided  off"  from  other  spaces,  two  coni- 
I^artments  or  spaces  to  be  used  exclusively  as  hospitals  for  such  pas- 
sengers, one  for  men  and  the  other  for  women.  The  hospitals  shall  be 
located  in  a  space  not  below  the  deck  next  below  the  main  deck  of  the 
vessel.  The  hospital  spaces  shall  in  no  case  be  less  than  in  the  pro- 
portion of  eighteen  clear  superficial  feet  for  every  fifty  such  i)assengers 
who  are  carried  or  brought  on  the  vessel,  and  such  hosi)itals  shall  be 
supplied  with  proi)er  beds,  bedding,  and  utensils,  and  be  kept  so 
supplie<l  tliroughout  the  voyage.  And  every  steamship  or  other  vessel 
carrying  or  bringing  emigrant  passengers,  or  passengers  other  than 
cabin  passengers,  exceeding  fifty  in  number,  shall  carry  a  duly  qualified 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  75 

and  competent  suro:eon  or  medical  practitioner,  who  shall  be  rated  as 
snch  in  the  ship's  articles,  and  who  shall  be  provided  with  snrjjical  in- 
strnments,  medical  comforts,  and  medicines  proper  and  necessary  for 
diseases  and  accidents  incident  to  sea- voyages,  and  for  the  proper  med- 
ical treatment  of  such  passengers  during  the  voyage,  and  with  such 
articles  of  food  and  nourishment  as  may  be  in-oper  and  necessary  for 
preserving  the  health  of  infants  and  young  children;  and  the  services 
of  such  surgeon  or  medical  practitioner  shall  be  promptly  given, in  any 
case  ( f  sickness  or  disease,  to  any  of  the  passengers,  or  to  any  infant 
or  young  child  of  any  such  passengers,  who  may  need  his  services.  For 
a  violation  of  either  of  the  provisions  of  this  section  the  master  of  the 
vessel  shall  be  liable  to  a  penalty  not  exci  eding  two  hundred  and  fifty 
dollars. 

Sec.  (3.  That  the  master  of  every  such  steamship  or  other  vessel  is 
authorized  to  maintain  good  discipline  and  such  habits  of  cleanliness 
among  such  passengers  as  will  tend  to  the  preservation  and  promotion 
of  health,  and  to  that  en«l  he  shall  cause  such  regulations  as  he  may 
adopt  for  such  purpose  to  be  posted  up  on  board  the  vessel,  in  a  place 
or  places  accessible  to  such  passengers,  and  shall  keep  the  same  so 
pos'ted  up  during  the  voyage.  The  said  master  shall  cause  the  com- 
partments and  spaces  provided  for,  or  occupied  by,  such  passengers  to 
be  kept  at  all  times  in  a  clean  and  healthy  condition,  and  to  be,  as  often 
as  may  be  necessary,  disinfected  with  chloride  of  lime,  or  by  some  other 
equally  efficient  disinfectant.  Whenever  the  state  of  the  weather  will 
permit,  such  passengers  and  their  bedding  shall  be  mustered  on  deck, 
and  a  clear  and  sufficient  space  on  the  main  or  any  upper  deck  of  the 
vessel  shall  be  set  apart,  and  so  kept,  for  the  use  and  exercise  of  such 
passengers  during  the  voyage.  For  each  neglect  or  violation  of  any  of 
the  proxisions  of  this  section  the  master  of  the  vessel  shall  be  liable  to 
a  penalty  not  exceeding  two  hundred  and  fifty  dollars. 

Sec.  T"^  That  neither  the  officers,  seamen,  nor  other  persons  employed 
on  any  such  steamship  or  other  vessel  shall  visit  or  frequent  any  par^; 
of  the  vessel  provided  or  assigned  to  the  use  of  such  passengers,  ex- 
cept by  the  direction  or  permission  of  the  master  of  such  vessel  first 
made  or  given  for  such  purpose ;  and  every  officer,  seaman,  or  other 
person  emi)loyed  on  board  of  such  vessel  who  shad  violate  the  provis- 
ions of  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  may 
be  fined  not  exceeding  one  hundred  dollars,  and  be  imprisoned  not  ex- 
ceeding twenty  days,  for  each  violation ;  and  the  master  of  such  vessel 
who  directs  or  permits  any  officer,  seaman,  or  other  person  employed 
on  board  the  vessel  to  visit  or  frequent  any  part  of  the  vessel  provided 
for  or  assigned  to  the  use  of  such  passengers,  or  the  compartments  or 
spaces  occupied  by  such  passengers,  except  for  the  purpose  of  doing  or 
performing  some  necessary  act  or  duty  as  an  officer,  seaman,  or  other 
person  employed  on  boardOf  the  vessel,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  may  be  fined  not  more  than  one  hundred  dollars  for  each 
time  he  directs  or  permits  the  [)rovisions  of  this  section  to  be  violated. 
A  copy  of  this  section,  written  <n'  printed  in  the  language  or  principal 
languages  of  the  passengers  on  board,  shall,  by  or  under  the  direction 
of  the  master  of  the  vessel,  be  poste<l  in  a  conspicuous  place  on  the  fore- 
castle and  in  the  several  parts  of  the  vessel  provided  and  assigned  for 
the  use  of  such  passengers,  and  in  each  compartment  or  si)ace  occupied 
by  such  i)assengers,  and  the  same  slutll  be  kei»t  so  posted  during 
the  voyage;  and  if  the  said  master  neglects  so  to  do,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  fined  not  more  than  one  hundred 
dollars. 


76  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Sec.  8.  That  it  shall  uot  be  lawful  to  take,  carry,  or  have  on  board  of 
auy  such  steamtihip  or  other  vessel  auy  uitro- glycerine,  dynamite,  or  any 
other  explosive  article  or  compound,  nor  any  vitriol  or  like  acids,  nor 
gunpowder,  except  for  the  ship's  use,  nor  any  article  or  number  of  arti- 
cles, whether  as  a  cargo  or  ballast,  which,  by  reason  of  the  nature  or 
quantity  or  mode  of  storage  thereof,  shall,  either  singly  or  collectively, 
be  likely  to  endanger  the  health  or  lives  of  the  passengers  or  the  safety 
of  the  vessel,  and  horses,  cattle,  or  other  animals  taken  on  board  of  or 
brought  in  auy  such  vessel  shall  not  be  carried  on  any  deck  below  the 
deck  on  whicli  passengers  are  berthed,  nor  in  any  compartment  in  which 
passengers  are  berthed,  nor  in  any  adjoining  compartment  except  in  a 
vessel  built  of  iron,  and  of  which  the  compartments  are  divided  off  by 
water  tight  bulkheads  extending  to  the  upper  deck.  For  every  viola- 
tion of  any  of  the  provisions  of  this  section  the  master  of  the  vessel 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  fined  uot  exceed- 
ing one  thousand  dollars,  and  be  imi^risoned  for  a  period  not  exceeding 
one  year. 

Sec.  9.  That  it  shall  not  be  lawful  for  the  master  of  any  such  steam- 
ship or  other  vessel,  not  in  distress,  after  the  arrival  of  the  vessel  within 
auy  collection  district  of  the  United  States,  to  allow  any  person  or  per- 
sons, except  a  pilot,  officer  of  the  customs,  or  health  officer,  agents  of 
the  vessel,  and  consuls,  to  come  on  board  of  the  vessel,  or  to  leave  the 
vessel,  until  the  vessel  has  been  taken  in  charge  by  an  officer  of  the 
customs,  nor,  after  charge  so  taken,  without  leave  of  such  officer,  until 
all  the  passengers,  with  their  baggage,  have  been  duly  landed  from  the 
vessel ;  and  on  the  arrival  of  any  such  steamship  or  other  vessel  within 
any  collection  district  of  the  United  States,  the  master  thereof  shall 
deliver  to  the  officer  of  customs  who  first  comes  on  board  the  vessel  and 
makes  demand  therefor  a  correct  list,  signed  by  the  master,  of  all  the 
passengeis  taken  on  board  the  vessel  at  any  foreign  port  or  place, 
specifying  separately  the  names  of  the  cabin  passengers,  their  age,  sex, 
calling,  and  the  country  of  which  they  are  citizens,  and  the  number  of 
pieces  of  baggage  belonging  to  each  passenger,  and  also  the  name,  age, 
sex,  calling,  and  native  country  of  each  emigrant  passenger,  or  passen- 
gers other  than  cabin  passengers,  and  their  intended  destination  or 
location,  and  the  number  of  pieces  of  baggage  belonging  to  each  pas- 
senger, and  also  the  location  of  the  compartment  or  space  occupied  by 
each  of  such  passengers  during  the  voyage;  and  if  any  of  such  passen- 
gers died  on  the  voyage,  the  said  list  shall  specify  the  name,  age,  and 
cause  of  death  of  each  deceased  passenger ;  and  a  duplicate  of  the  afore- 
said list  of  ])assengers,  verified  by  the  oath  of  the  master,  shall,  with 
the  manifest  of  the  cargo,  be  delivered  by  the  master  to  the  collector  of 
customs  on  the  entry  of  the  vessel.  For  a  violation  of  either  of  the  pro- 
visions of  this  section,  or  for  permitting  or  neglecting  to  prevent  a  vio- 
lation thereof,  the  master  of  the  vessel  shall  be  liable  to  a  fine  not 
exceeding  one  thousand  dollars. 

Sec.  10.  That  in  case  there  shall  have  occurred  on  board  any  such 
steamship  or  other  vessel  any  death  among  such  passengers  during  the 
voyage,  the  master  or  consignees  of  the  vessel  shall,  within  forty-eight 
hours  after  the  arrival  of  the  vessel  within  a  collection  district  of  the 
United  States,  or  within  twenty-four  hours  after  the  entry  of  the  vessel, 
pay  to  the  collector  of  customs  of  such  district  the  sum  of  ten  dollars 
for  each  and  every  such  ])assenger  above  the  age  of  eight  years  who 
shall  have  died  on  the  voyage  by  natural  disease;  and  the  master  or 
consignees  of  any  vessel  who  neglect  or  refuse  to  pay  such  collector, 
within  the  times  hereinbefore  prescribed,  the  sums  of  money  aforesaid, 


NAVIGATION   LAWS    OF    THE    UNITED    STATES.  77 

shall  be  liable  to  a  penalty  of  fifty  dollars  iu  addition  to  the  sum  required 
to  be  paid  as  aforesaid  for  each  passenger  whose  death  occurred  on  the 
voyage.  All  sums  of  money  paid  to  any  collector  under  the  provisions 
of  this  section  shall  be  by  him  i)aid  iuto  the  Treasury  of  the  United 
States  in  such  manner  and  under  such  regulations  as  shall  be  prescribed 
by  the  Secretary  of  the  Treasury. 

Sec.  11.  That  the  collector  of  customs  of  the  collection  district  within 
which,  or  the  surveyor  of  the  port  at  which,  any  such  steamship  or  other 
vessel  arrives,  shall  direct  an  inspector  or  other  officer  of  the  customs  to 
make  an  examination  of  the  vessel,  and  to  admeasure  the  compartments 
or  spaces  occupied  by  the  emigrant  passengers,  or  passengers  other  than 
cabin  passengers,  during  the  voyage ;  and  such  measurement  shall  be 
made  in  the  manner  provided  by  law  for  admeasuring  vessels  for  tonnage; 
and  to  compare  the  number  of  such  passengers  found  on  board  with  the 
list  of  such  passengers  furnished  by  the  master  to  the  customs  officer; 
and  the  said  inspector  or  other  officer  shall  make  a  report  to  the  aforesaid 
collector  or  surveyor,  stating  the  port  of  departure,  the  timeof  sailing,  the 
length  of  the  voyage,  the  ventilation,  the  number  of  such  passengers  on 
board  the  vessel,  and  their  native  country,  respectively ;  the  cubic  quan- 
tity of  each  compartment  or  space,  and  the  number  of  berths  and  passen- 
gers in  each  space,  the  kind  and  quality  of  the  food  furnished  to  such  pas- 
sengers on  the  voyage;  the  number  of  deaths,  and  the  age  and  sex  of 
those  who  died  during  the  voyage,  and  of  what  disease;  and  iu  case 
there  was  any  unusual  sickness  or  mortality  during  the  voyage,  to  report 
whether  the  same  was  caused  by  any  neglect  or  violation  of  the  pro- 
visions of  this  act,  or  by  the  want  of  proper  care  against  disease  by  the 
master  or  owners  of  the  vessel;  and  the  said  reports  shall  be  forwarded 
to  the  Secretary  of  the  Treasury  at  such  times  and  in  such  manner  as 
he  shall  direct. 

Sec.  12.  That  the  provisions  of  this  act  shall  apply  to  every  steam- 
ship or  other  vessel  whereon  emigrant  passengers,  or  i)assengers  other 
than  cabin  passengers,  are  taken  on  board  at  a  port  or  place  iu  the 
United  States  for  conveyance  to  any  port  or  place  in  a  foreign  country 
except  foreign  territory  contiguous  to  the  United  States,  and  shall  also 
apply  to  any  vessel  whereon  such  i)asseugers  are  taken  on  board  at  any 
port'or  place  of  the  United  States  on  the  Atlantic  Ocean  or  its  tribu- 
taries for  conveyance  to  a  port  or  place  on  the  Pacific  Ocean  or  its  tribu- 
taries, or  vice  versa ;  aud  whether  the  voyage  of  said  vessel  is  to  be 
continuous  from  port  to  port  or  such  passengers  are  to  be  conveyed  from 
port  to  port  iu  part  by  the  way  of  any  overland  route  through  Mexico 
or  Ceutral  America ;  and  the  said  collector  of  customs  may  direct  an 
examiuation  of  the  vessel  to  be  nuide  by  au  inspector  or  other  officer  of 
the  customs,  who  shall  make  the  examination  and  report  M'hether  the 
])rovisions  of  this  act  have  been  complied  with  iu  respect  to  sucli  vessel, 
and  the  said  collector  is  authorized  to  withhold  the  clearance  of  such 
vessel  until  the  coming  in  of  such  report;  and  if  the  said  report  shall 
show  that  any  of  the  i)rovisions  of  this  act  have  not  been  complied 
with,  the  collector  is  authorized  and  directed  to  withhold  the  clearance 
of  such  vessel  until  the  said  i)rovisions  are  complied  with  ;  and  if  anj' 
such  vessel  leaves  the  aforesaid  port  or  place  without  having  been  duly 
cleared  by  the  collector  of  customs,  the  master  shall  be  deemed  guilty 
of  a  misdemeanor,  and  may  be  fined  not  exceeding  one  thousand  dollars, 
and  be  imprisoned  not  exceeding  one  year,  and  the  vessel  shall  be  liable 
to  seizure  and  forfeiture. 

Sec.  13.  That  the  amount  of  the  several  fines  and  penalties  imi)Osed 
by  any  section  of  this  act  upon  the  master  of  any  steamship  or  other 


78  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

vessel  carrying  or  bringing^  emigraut  passengers,  or  passengers  other 
than  cabin  passengers,  for  any  violation  of  the  provisions  of  this  act, 
shall  be  liens  upon  such  vessel,  and  such  vessel  may  be  libeled  therelor 
in  any  circuit  or  district  court  of  the  United  States  where  such  vessel 
shall  arrive  or  de])art. 

Sec.  14.  That  this  act  shall  come  into  operation  and  take  effect  ninety 
days  after  the  passage  of  this  act;  and  sections  forty-two  hundred  and 
fifty-two  to  forty-two  hundred  and  seventy-seven,  inclusive,  of  the  Ke- 
vised  Statutes  of  the  United  States  are,  from  and  after  said  date,  re- 
pealed ;  and  this  act  may  be  cited  for  all  ])urposes  as  "The  passenger 
act.  eighteen  hundred  and  eighty-two." 

Api)roved,  August  2,  1882. 


CitiAr.  376. — An  act  to  regulate  immigration. 

Be  it  enacted  by  the  Senate  and  Bouse  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  there  shall  be  levied,  col- 
lected, and  paid  a  duty  of  fifty  cents  for  each  and  every  passenger  not 
a  citizen  of  the  United  States  who  shall  come  by  steam  or  sail  vessel 
from  a  foreign  port  to  any  port  within  the  United  States.  The  said 
duty  shall  be  i)ai(l  to  the  collector  of  customs  of  the  port  to  which  such 
passenger  shall  come,  or  if  there  be  no  collector  at  such  port,  then  to 
the  collector  of  customs  nearest  thereto,  by  the  master,  owner,  agent, 
or  consignee  of  every  such  vessel,  within  twenty-four  hours  after  the 
entry  thereof  into  such  port.  The  money  thus  collected  shall  be  paid 
into  the  United  States  Treasury,  and  shall  constitute  a  fund  to  be  called 
the  immigrant  fund,  and  shall  be  used,  under  the  direction  of  the  Sec- 
retary of  the  Treasury,  to  defray  the  expense  of  regulating  immigration 
under  this  act,  and  for  the  care  of  immigrants  arriving  in  the  United 
States,  for  the  relief  of  such  as  are  in  distress,  and  for  the  general 
purposes  and  expenses  of  carrying  this  act  into  effect.  The  duty  im- 
l)0sed  by  this  section  shall  be  a  lien  upon  the  vessels  which  shall  bring 
such  passengers  iuto  the  United  States,  and  shall  be  a  debt  in  favor  of 
the  United  States  against  the  owner  or  owners  of  such  vessels;  and 
the  payment  of  such  duty  may  be  enforced  by  any  legal  or  equitable 
remedy.  Provided,  That  no  greater  sum  shall  be  expended  for  the  pur- 
poses hereinbefore  mentioned,  at  any  port,  than  shall  have  been  collected 
at  such  port. 

Sec.  2.  That  the  Secretary  of  the  Treasury  is  hereby  charged  with 
the  duty  of  executing  the  provisions  of  this  act  and  with  supervision 
over  the  business  of  immigration  to  the  United  States,  and  for  that  pur- 
l)Ose  he  shall  have  power  to  enter  into  contracts  with  such  State  com- 
mission, board,  or  officers  as  may  be  designated  for  that  purpose  by  the 
governor  of  any  State  to  take  charge  of  the  local  affairs  of  immigration 
in  the  ports  within  said  State,  and  to  provide  for  the  sup})ort  and  relief 
of  such  immigrants  therein  lauding  as  may  fall  into  distress  or  need 
public  aid,  under  the  rules  and  regulations  to  be  prescribed  by  said 
Secretary;  and  it  shall  be  the  duty  of  such  State  commission,  board, 
or  oflicers  so  designated  to  examine  iuto  the  condition  of  passengers 
arriving  at  the  i)orts  within  such  State  in  any  ship  or  vessel,  and  for 
that  purpose  all  or  any  of  such  commissioners  or  officers,  or  such  other 
person  or  persons  as  they  shall  appoint,  shall  be  authorized  to  go  on 
board  of  and  through  any  such  ship  or  vessel;  and  if  on  such  examina- 
tion there  shall  be  found  among  such  passengers  any  convict,  lunatic, 
idiot,  or  any  person  unable  to  take  care  of  himself  or  herself  without 


NAVIGATION    LAWS    OP^    THE    UNITED    STATES.  79 

becoraingr  a  public  charge,  tliey  sliall  report  the  saiue  in  writing  to  the 
collector  of  such  port,  and  such  persons  shall  not  be  permitted  to  laud. 

Sec.  3.  That  the  Secretary  of  the  Treasury  shall  establish  such  reg- 
ulations and  rules  and  issue  from  time  to  time  such  instructions  not  in- 
consistent with  law  as  he  shall  deem  best  calculated  to  protect  the 
United  States  and  injniigrants  into  the  United  States  from  fraud  and 
loss,  and  for  carrying  out  the  provisions  of  this  act  and  the  immigra- 
tion laws  of  the  United  States;  and  he  shall  prescribe  all  forms  of  bonds, 
entries,  and  other  pai)ers  to  be  used  under  and  in  the  enforcement  of 
the  various  provisions  of  this  act. 

Sec.  4.  That  all  foreign  convicts  except  those  convicted  of  political 
offenses,  upon  arrival,  shall  be  sent  back  to  the  nations  to  which  they 
belong  and  from  whence  they  came.  The  Secretary  of  the  Treasury 
may  designate  the  Srate  board  of  charities  of  any  State  in  which  such 
board  shall  exist  by  law,  or  any  commission  in  any  State,  or  any  per- 
son or  persons  in  any  State  whose  duty  it  shall  be  to  execute  the  pro- 
visions of  this  section  without  compensation.  The  Secretary  of  the 
Treasury  shall  prescribe  regulations  for  the  return  of  the  aforesaid  per- 
sons to  the  countries  from  whence  they  came,  and  shall  furnish  instruc- 
tions to  the  board,  commission,  or  persons  charged  with  the  execution 
of  the  provisions  of  this  section  as  to  the  mode  of  procedure  in  respect 
thereto,  and  may  change  such  instructions  from  time  to  time.  The 
expense  of  such  return  of  the  aforesaid  persons  not  permitted  to  land 
shall  be  borne  by  the  owners  of  the  vessels  in  which  they  came. 

Sec.  5.  That  this  act  shall  take  effect  immediately. 

Approved,  August  3,  1882. 


TRANSPORTATION   OF   PASSENGERS   AND   MERCHANDISE. 
(Act  of  June  26,  1«84.) 

Sec.  22.  That  until  the  provisions  of  section  one,  chapter  three  hun- 
dred and  seventy-six,  of  the  laws  of  eighteen  hundred  and  eighty-two, 
shall  be  made  applicable  to  passengers  coming  into  the  United  States 
by  land  carriage,  said  provisions  shall  not  apply  to  passengers  coming 
by  vessels  employed  exclusively  in  the  trade  between  the  ports  of  the 
United  States  and  the  i>orts  of  the  Dominion  of  Canada  or  the  ports  of 
^lexico. 

Sec.  23.  That  sections  thirty-nine  hundred  and  seventy-six  and  forty- 
two  hundred  and  three  of  the  Revised  Statutes  of  the  United  States, 
and  all  other  compulsory  laws  and  parts  of  laws  that  oblige  American 
vessels  to  carry  the  mails  to  and  from  the  United  States  arbitrarily,  or 
that  prevent  the  clearance  of  vessels  until  they  shall  have  taken  mail 
matter  on  board,  be  and  the  same  are  hereby  repealed,  but  such  repeal 
shall  not  take  effect  until  the  first  day  of  April  eighteen  hundred  and 
eighty-five. 

Sec.  24.  That  section  twenty -nine  hundred  and  sixty-six  of  the  Re- 
vised Statutes  be  amended  by  striking  out  the  words  "propelled  in  whole 
or  in  part  by  steam";  so  that  said  section  as  amended  shall  read  as  fol- 
lows: 

"Sec.  29G6.  When  merchandise  shall  be  imported  into  any  port  of 
the  United  Statutes  from  any  foreign  country  in  vessels,  and  it  shall  ap- 
pear by  the  bills  of  lading  that  the  merchandise  so  imported  is  to  be 
delivered  immediately  after  the  entry  of  the  vessel,  the  collector  of  such 
port  may  take  possession  of  such  merchandise  and  deposit  the  same  iu 


80  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

bonded  warehouse;  and  wheu  it  does  not  appear  by  the  bills  of  lading 
that  the  merchandise  so  imported  is  to  be  immediately  delivered,  the 
collector  of  the  customs  may  take  possession  of  the  same  and  deposit  it 
in  bonded  warehouse,  at  the  request  of  the  owner,  master,  or  consignee 
of  the  vessel,  on  three  days'  notice  to  such  collector  after  the  entry  of 
the  vessel." 

Sec.  25.  That  section  twenty-eight  hundred  and  seventy-two  of  the 
Revised  Statutes  be  amended  by  adding  thereto  the  following: 

"  Wheu  the  license  to  unload  between  the  setting  and  rising  of  the 
sun  is  granted  to  a  sailing  vessel  under  this  section,  a  fixed,  uniform, 
and  reasonable  compensation  may  be  allowed  to  the  iiispector  or  inspect- 
ors for  service  between  the  setting  and  rising  of  the  sun,  under  such 
regulations  as  the  Secretary  of  the  Treasury  may  prescribe,  to  be  received 
by  the  collector  from  the  master,  owner,  or  consignee  of  the  vessel,  and 
to  be  paid  by  him  to  the  inspector  or  inspectors." 

Sec  29.  That  section  twenty-seven  hundred  and  seventy-six  of  the 
Revised  Statutes  is  hereby  amended  by  adding  thereto  the  following: 

^'■Provided,  That  vessels  arriving  at  a  port  of  entry  in  the  United 
States,  laden  with  coal,  salt,  railroad-iron,  and  other  like  articles  in  bulk, 
may  proceed  to  places  within  that  collection  district  to  be  specially  des- 
ignated by  the  Secretary  of  the  Treasury,  by  general  regulations  or 
otherwise,  under  the  superintendence  of  customs  officers,  at  the  expense 
of  the  parties  interested,  for  the  purpose  of  unlading  cargoes  of  the 
character  before  mentioned." 

Sec.  30.  All  laws  and  parts  of  laws  in  conflict  with  the  provisions  of 
this  act  are  hereby  rei)ealed;  and  this  act  shall  take  effect  and  be  in 
force  on  and  after  July  first,  eighteen  hundred  and  eighty-four. 

Apinoved,  June  26,  1884. 


TRANSPORTATION   OF  PASSENGERS   COASTWISE  IN  FOREIGN  VESSELS. 

Sec.  8.  That  foreign  vessels  found  transporting  passengers  between 
places  or  ports  in  the  United  States,  when  such  passengers  have  been 
taken  on  board  in  the  United  States,  shall  be  liable  to  a  tine  of  two  dol- 
lars for  every  i)assenger  landed.     (Act  of  June  19,  1886.) 


2.— LIABILITY  OF  SHIP-OWNERS,  &C. 

Sec.  4282.  No  owner  of  any  vessel  shall  be  liable  to  answer  for  or 
make  good  to  any  person  any  loss  or  damage  which  may  happen  to  any 
merchandise  whatsoever,  which  shall  be  shipped,  taken  in,  or  put  ou 
board  any  such  vessel,  by  reason  or  by  means  of  any  fire  happening  to 
or  on  board  the  vessel,  unless  such  fire  is  caused  by  the  design  or  neg- 
lect of  such  owMier. 

Sec.  4283.  The  liability  of  the  owner  of  any  vessel,  for  any  embezzle- 
ment, loss,  or  destruction,  by  any  person,  of  any  property,  goods,  or 
merchandise,  shipped  or  ))ut  on  board  of  such  vessel,  or  for  any  loss, 
damage,  or  injury  by  collision,  or  for  any  act,  matter,  or  thing,  lost, 
damage,  or  forfeiture,  done,  occasioned,  or  incurred,  without  the  privity 
or  knowledge  of  such  owner  or  owners,  shall  in  no  case  exceed  the 
amount  or  value  of  tl 
freight  then  pending. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  81 

Sec.  4284.  Wheuever  any  such  embezzlement,  loss,  or  destniction  is 
suft'ered  by  several  freighters  or  owners  of  goods,  wares,  merchandise, 
or  any  property  whatever,  on  the  same  voyage,  and  the  whole  value  of 
the  vessel,  and  her  freight  for  the  voyage,  is  not  sutlicient  to  make  com- 
pensation to  each  of  them,  they  shall  receive  compensation  from  the 
owner  of  the  vessel,  in  proportion  to  their  respective  losses;  and  for 
that  purpose  the  freighters  and  owner[s]*  of  the  i)roperty,  and  the  owner 
of  the  vessel,  or  any  of  them,  may  take  the  appropriate  proceedings  in 
any  court,  for  the  purpose  of  apportioning  the  sum  for  which  the  owner 
of  the  vessel  may  be  liable  among  the  parties  entitled  thereto. 

Sec.  4U85.  It  shall  be  deemed  a  sufficient  compliance  on  the  part  of 
such  owner  with  the  requirements  of  this  Title  relating  to  his  liability 
for  any  embezzlement,  loss,  or  destruction  of  any  property,  goods,  or 
merchandise,  if  he  shall  transfer  his  interest  in  such  vessel  and  freight, 
for  the  benefit  of  such  claimants,  to  a  trustee,  to  be  appointed  by  any 
court  of  competent  jurisdiction,  to  act  as  such  trustee  for  the  person 
who  may  i)rove  to  be  legally  entitled  thereto ;  from  and  after  which 
transfer  all  claims  and  proceedings  against  the  owner  shall  cease. 

Sec.  4286.  The  charterer  of  any  vessel,  in  case  he  shall  man,  victual, 
and  navigate  such  vessel  at  his  own  expense,  or  by  his  own  i)rocure- 
ment,  shall  be  deemed  the  owner  of  sucli  vessel  within  the  meaning  of 
the  provisions  of  this  Title  relating  to  the  limitation  of  the  liability  of 
the  owners  of  vessels ;  and  such  vessel,  when  so  chartered,  shall  be 
liable  in  the  same  manner  as  if  navigated  by  the  owner  thereof. 

Sec.  4287.  Nothing  in  the  five  x)receding  sections  shall  be  construed 
to  take  away  or  aft'ect  the  remedy  to  which  any  party  may  be  entitled, 
against  the  master,  officers,  or  seamen,  for  or  on  account  of  any  embez- 
zlement, injury,  loss,  or  destruction  of  merchandise,  or  property,  put  on 
board  any  vessel,  or  on  account  of  any  negligence,  fraud,  or  other  mal- 
versation of  such  master,  officers,  or  seamen,  respectively,  nor  to  lessen 
or  take  aw^ay  any  responsibility  to  which  any  master  or  seaman  of  any 
vessel  may  by  law  be  liable,  notwithstanding  such  master  or  seaman 
may  be  an  owner  or  part  owner  of  the  vessel. 

Sec.  4288.  Any  person  shipping  oil  of  vitrol,unslackedlime,  inflamma- 
ble matches,  or  gunpowder,  in  a  vessel  taking  cargo  for  divers  persons 
on  freight,  without  delivering,  at  the  time  of  shipment,  a  note  in  writing, 
exi)ressing  the  nature  and  character  of  such  merchandise,  to  the  master, 
mate,  officer,  or  person  in  charge  of  the  lading  of  the  vessel,  shall  be 
liable  to  the  United  States  in  a  penalty  of  one  thousand  dollars.  But 
this  section  shall  not  apply  to  any  vessel  of  any  description  whatsoever 
used  in  rivers  or  inland  navigation. 

Sec.  4289,  The  provisions  of  this  Title  relating  to  the  limitation  of 
the  liability  of  the  owners  of  vessels,  shall  not  apply  to  the  owners  of 
any  canal-boat,  barge,  or  lighter,  or  to  any  vessel  of  any  description 
whatsoever  used  in  rivers  or  inland  navigation. 

Sec.  18.  That  the  individual  liability  of  a  ship-owner,  shall  be  limited 
to  the  i)roi)ortion  of  any  or  all  debts  and  liabilities  that  his  individual 
share  of  the  vessel  bears  to  the  whole;  and  the  aggregate  liabilities  of 
all  the  owners  of  a  vessel  on  account  of  the  same  shall  not  exceed  the 
value  of  such  vessels  and  freight  pending:  rrovidcd,  That  this  pro- 
vision shall  not  affect  the  liability  of  any  owner  incurred  previous  to 
the  passage  of  this  act,  nor  prevent  any  claimant  from  joining  all  the 
owners  in  one  action  ;  nor  shall  the  same  apply  to  wages  due  to  per- 
sons employed  by  said  ship-owners.     (Act  of  June  20,  1884.) 

H.  Mis.  391 G 


82  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

LIMITATION   OF  LIABILITY   OF   VESSELS. 

Sec.  4.  That  section  forty-two  hundred  and  eigfhty-nine  of  the  Revised 
Statute.^  be  amended  so  as  to  read  as  follows: 

"Sec.  4l'S9.  The  provisions  of  the  seven  preceding  sections,  and  of 
section  eii;hteen  of  an  act  entitled  'An  act  to  remove  certain  burdens  on 
the  American  merchant  marine  and  encourage  the  American  foreign 
carrying-trade,  and  for  other  purposes,'  approved  June  twenty-sixth, 
eighteen  hundred  and  eighty-four,  relating  to  the  limitations  of  the  lia- 
bility of  the  owners  of  vessels,  shall  apply  to  all  sea  going  vessels,  and 
also  to  all  vessels  used  on  lakes  or  rivers  or  in  inland  navigation,  in- 
cluding canal-boats,  barges,  and  lighters."     (Act  June  19,  1886.) 


3.— TRANSPORTATION  BY  STEAM-VESSELS. 

(Title  LII,  chap.  2.) 

Sec.  4463,  No  steamer  carrying  passengers  shall  depart  from  any 
port  unless  she  shall  have  in  her  service  a  full  complement  of  licensed 
ofticers  and  full  crew,  sufticient  at  all  times  to  manage  the  vessel,  in- 
cluding the  proper  number  of  watchmen.  But  if  any  such  vessel,  on 
lier  voyage,  is  deprived  of  the  services  of  any  licensed  officer,  without 
the  consent,  fault,  or  collusion  of  the  master,  owner,  or  any  person  in- 
terested in  the  vessel,  the  deficiency  may  be  temporarily  supplied,  until 
others  licensed  can  be  obtained. 

Sec.  4464.  The  inspectors  shall  state  in  every  certificate  of  inspection 
granted  to  steamers  carrying  passengers,  other  than  ferry-boats,  the 
number  of  passengers  of  each  class  that  any  such  steamer  has  accom- 
modations for,  and  can  carry  with  prudence  and  safety. 

Sec.  4465.  It  shall  not  be  lawful  to  take  on  board  of  any  steamer  a 
greater  number  of  passengers  than  is  stated  in  the  certificate  of  inspec- 
tion ;  and  for  every  violation  of  this  provision  the  master  or  owner  shall 
be  liable,  to  any  person  suing  for  the  same,  to  forfeit  the  amount  of 
passage-money  and  ten  dollars  for  each  passenger  beyond  the  number 
allowed. 

Sec.  4466.  If  any  passenger-steamer  engages  in  excursions,  the  in- 
spectors shall  issue  to  such  steamer  a  special  permit,  in  writing,  for  the 
occasion,  in  which  shall  be  stated  the  additional  number  of  passengers 
that  may  be  carried,  and  the  number  and  kind  of  life-saving  appliances 
that  shall  be  provided  for  the  safety  of  such  additional  passengers ;  and 
they  shall  also,  in  their  discretion,  limit  the  route  and  distance  for  such 
excursions. 

Sec.  4467.  The  master  of  every  passenger-steamer  shall  keep  a  cor- 
rect list  of  all  the  passengers  received  and  delivered  from  day  to  day, 
noting  the  places  where  received  and  where  landed,  which  record  shall 
be  opened*  to  the  insjiection  of  the  inspectors  and  officers  of  the  cus- 
toms at  all  times ;  and  the  aggregate  number  of  passengers  shall  be 
furnished  to  inspectors  as  often  as  called  for;  but  on  routes  not  exceed- 
ing one  hundred  miles,  the  number  of  passengers,  if  kept,  shall  be  suffi- 
cient. 

Sec.  4468.  Every  nuister  of  any  passenger-steamer  who  fails,  through 
negligence  or  design,  to  keep  a  list  of  passengers,  as  required  by  the 
preceding  section,  shall  be  liable  to  a  penalty  of  one  hundred  dollars. 

*  See  act  last  cited,  sec.  49. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  83 

Sec.  44G9.  The  penalties  imposed  by  sectious  forty-four  hundred  and 
sixty  live  and  forty-four  hundred  and  sixty-eight  shall  be  a  lien  upon 
the  vessel  in  each  "case  ;  but  a  bond  may,  as  provided  in  other  cases,  be 
given  to  secure  the  satisfaction  of  the  ju<l.iiment. 

Sec.  4470.  Every  steamer  carrying  passengers  or  freight  shall  be  pro- 
vided with  suitable  pipes  and  valves  attached  to  the  boiler,  to  convey 
steam  into  the  hold  and  the  different  compartments  thereof,  to  extin- 
guish tire ;  and  every  stove  used  on  board  of  any  such  vessel  shall  be 
well  and  securely  fastened,  so  as  to  prevent  it  from  being  moved  or 
overthrown,  and'  all  wood- work  or  other  ignitible  substances  about  the 
boilers,  chimneys,  cook-houses,  and  stove-pipes  exposed  to  ignition, 
shall  be  thoroughly  shielded  by  some  incombustible  material,  in  such 
ii  manner  as  to  leave  the  air  to  circulate  freely  between  such  material 
and  wood-work  or  other  ignitible  substance  ;  and  before  granting  a  cer- 
tificate of  inspection,  the  inspector  shall  require  all  other  necessary  pro- 
visions to  be  made  throughout  such  vessel  to  guard  against  loss  or  dan- 
ger from  fire. 

Sec.  4471.  Every  steamer  permitted  by  her  certificate  of  inspection 
to  carrv  as  many  as  fifty  passengers,  or  upward,  and  every  steamer 
carrying  passengers,  which  also  carries  cotton,  hay,  or  hemp,  shall  be 
provided  with  a  good  double-acting  steam  fire-pump,  or  other  equivalent 
apparatus  for  throwing  water.  Such  pump  or  other  apparatus  for 
throwing  water  shall  be  kept  at  all  times  and  at  all  seasons  of  the  year 
in  good  order  and  ready  for  immediate  use,  having  at  least  two  pipes  of 
suitable  dimensions,  one  on  each  side  of  the  vessel,  to  convey  the  water 
to  the  upper  decks,  to  which  pipes  there  shall  be  attached,  by  means  of 
stop-cocks  or  valves,  both  between  decks  and  on  the  upper  deck,  good 
and  suitable  hose  of  sutticient  strength  to  stand  a  pressure  of  not  less 
than  one  hundred  pounds  to  the  square  inch,  long  enough  to  reach  to 
all  parts  of  the  vessel  and  pro])erly  provided  with  nozzles,  and  kept  in 
good  order  and  ready  for  immediate  service.  Every  steamer  exceeding 
two  hundred  tons  burden  and  carrying  passengers  shall  be  provided 
with  two  good  double-acting  fire-pumps,  to  be  worked  by  hand ;  each 
chamber  of  such  pumjjs,  except  pumps  upon  steamers  in  service  on  the 
twenty-eighth  day  of  February,  eighteen  hundred  and  seventy-one,  shall 
be  of  sutticient  cai)acity  to  contain  not  less  than  one  hundred  cubic 
inches  of  water;  and  such  pumps  shall  be  placed  in  the  most  suitable 
parts  of  the  vessel  for  etficient  service,  having  suitable  well-fitted  hose 
to  each  pump,  of  at  least  one-half  the  vessel  in  length,  kept  at  all  times 
in  perfect  order,  and  shipped  up  and  ready  for  immediate  use.  On  every 
steamer  not  exceeding  two  hundred  tons,  one  of  such  pumps  may  be 
dispensed  with.  Each  fire  pump  thus  luescribetl  shall  be  sui)plied  with 
water  bv  means  of  a  suitable  pipe  connected  therewith,  and  passing 
through ^the  side  of  the  vessel  so  low  as  to  be  at  all  times  under  water 
when  she  is  afloat;  and  no  fire-pump  thus  provided  for  shall  be  placed 
below  the  lower  deck  of  the  vessel.  Every  steamer  shall  also  be  pro 
vided  with  a  pump  which  shall  be  of  sutticient  strength  and  suitably 
arranged  to  test  the  boilers  thereof. 

*  Sec.  4472.  No  loose  hay,  loose  cotton,  or  loose  hemp,  camphene, 
nitro-glvcerine,  nai>htha,  benzine,  benzole,  coal-oil,  crude  or  refined  pe 
troleum',  or  other  like  explosive  burning  fluids,  or  like  dangerous  arti 
cles,  shall  be  carrie<l  as  freight  or  used  as  stores  on  any  steamer  carry- 
ing passengers;  nor  shall  baled  cotton  or  hemp  be  carried  on  such 
steamers  unless  the  bales  are  compactly  pressed  and  thoroughly  covered 


See  sees.  4278-42ti0,  and  5353-5355. 


84  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

with  bagging  of  similar  fabric,  and  secured  with  good  rope  or  iron 
bands;  nor  shall  gunpowder  be  carried  on  any  such  vessel,  except  under 
special  license;  nor  shall  oil  of  vitriol,  nitri(;  or  other  chemical  acids  be 
carried  on  such  steamers  except  on  the  decks  or  guards  thereof,  or  in 
such  other  safe  part  of  the  vessel  as  shall  be  prescribed  by  the  inspect- 
ors. Refined  petroleum,  which  will  not  ignite  at  a  temi)erature  less 
than  one  hundred  and  ten  degrees  of  Fahrenheit  thermometer,  may  be 
carried  on  board  such  steamers  upon  routes  where  there  is  no  other 
practical*  mode  of  transporting  it,  and  under  such  regulations  as  shall 
be  i)rescribed  by  the  board  of  supervising  inspectors  with  the  approval 
of  the  Secretary  of  the  Treasury;  and  oil  or  spirits  of  turpentine  may 
be  carried  on  such  steamers  when  put  up  in  good  metallic  vessels,  or 
casks  or  barrels  well  and  securely  bound  with  iron  and  stowed  in  a  se- 
cure part  of  the  vessel;  and  friction-matches  may  be  carried  on  such 
steamers  when  securely  packed  in  strong  tight  chests  or  boxes,  the  cov- 
ers of  which  shall  be  well  secured  by  locks,  screws,  or  other  reliable 
fastenings,  and  stowed  in  a  safe  part  of  the  vessel  at  a  secure  distance 
from  any  fire  or  heat.  All  such  other  provisions  shall  be  made  on  every 
steamer  carrying  passengers  or  freight,  to  guard  against  and  extinguish 
fire,  as  shall  be  prescribed  by  the  board  of  supervising  inspectors,  and 
approved  by  the  Secretary  of  the  Treasury, 

Sec.  4473.  Every  bale  of  cotton  or  hemp  that  shall  be  shipped  or  car- 
ried on  any  passenger-steamer,  without  conforming  to  the  provisions  of 
the  preceding  section,  shall  be  subject  to  a  penalty  of  five  dollars,  and 
shall  be  liable  to  seizure  and  sale  to  secure  the  payment  of  such  penalty. 

Sec.  4474.  The  Secretary  of  the  Treasury  may  grant  permission  to 
the  owner  of  any  steam-vessel,  to  use  any  invention  or  process  for  the 
utilization  of  petroleum  or  other  mineral  oils  or  substances  in  the  pro- 
duction of  motive-power,  and  may  make  and  enforce  regulations  con- 
cerning the  application  and  use  of  the  same  for  such  purpose.  But  no 
such  permission  shall  be  granted,  unless  upon  the  certificate  of  the  su- 
pervising inspector  of  steamboats  for  the  district  wherein  such  vessel 
is  registered,  and  other  satisfactory  proof  that  the  use  of  the  same  is 
safe  and  ef&cient ;  and  upon  such  proof,  and  the  approval  of  such  cer- 
tificate by  the  Secretary  of  the  Treasury,  a  special  license  for  the  use  of 
such  process  or  invention  shall  issue  under  the  seal  of  the  Treasury  De- 
partment. 

Sec.  4475.  All  gunpowder,  nitro-glycerine,  camphene,  naphtha,  ben- 
zine, benzole,  coal-oil,  crude  or  refined  petroleum,  oil  of  vitriol,  nitric  or 
other  chemical  acids,  oil  or  spirits  of  turpentine,  friction-matches,  and 
all  other  articles  of  like  character,  when  packed  or  put  up  for  shipment, 
shall  be  securely  packed  and  put  up  separately  from  each  other  and 
from  all  other  articles ;  and  the  package,  box,  cask,  or  other  vessel  con- 
taining the  same  shall  be  distinctly  marked  on  the  outside,  with  the 
name  or  description  of  the  article  contained  therein. 

t  Sec.  4470.  Every  person  who  i)acks  or  puts  up,  or  causes  to  be 
packed  or  put  up  for  shipment,  any  gunpowder,  nitroglycerine,  cam- 
phene, naphtha,  benzine,  benzole,  coal-oil,  crude  or  refined  petroleum, 
oil  of  vitriol,  nitric  or  other  chemical  acids,  oil  or  spirits  of  turpentine, 
friction-matches,  or  other  articles  of  like  character  otherwise  than  as 
directed  by  the  preceding  section,  or  who  knowingly  ships  or  attempts 
to  ship  the  same,  or  delivers  the  same  to  any  such  vessels  as  stores  un- 
less duly  packed  and  marked,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  punished  by  fine  not  exceeding  two  thousand  dollars,  or  imprison- 

*  Practicable.  +See  note  to  sec.  4472. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  85 

jiient  not  exceetlius  eighteen  mouths,  or  both  ;  one-half  of  the  fine  to  go 
to  the  informer,  and  the  articles  to  be  liable  to  seizure  and  forfeiture. 

Sec.  4477.  P^very  steamer  carrying-  passengers  during  the  night-time 
shall  keep  a  suitable  number  of  watchmen  in  the  cabins,  and  on  each 
deck,  to  guard  against  fire  or  other  dangers,  and  to  give  alarm  in  case 
of  acculent  or  disaster. 

Sec.  4478.  For  any  neglect  to  keep  the  watchmen  required  by  the 
preceding  section,  the  license  of  the  officer  in  charge  of  the  vessel  for 
the  time  being  shall  be  revoked  :  and  every  owner  of  such  vessel  who 
neglects  or  refuses  to  furnish  the  number  of  men  necessary  to  keep 
watch  as  required,  shall  be  fined  one  thousand  dollars. 

Sec.  4479.  The  board  of  supervising  inspectors  may  require  steamers 
carrying  either  passengers  or  freight  to  be  provided  with  such  number 
and  kind  of  good  and  efficient  portable  fire-extingaishers  as,  in  the  judg- 
ment of  the  board,  may  be  necessary  to  protect  them  from  fire  when 
such  steamers  are  moored  or  lying  at  a  wharf  without  steam  to  work 
the  pumps. 

Sec.  4480.  Every  steamer  carrying  passengers  shall  be  provided  with 
wire  tiller-ropes,  or  iron  rods  or  chains,  for  the  i)urpose  of  steering  and 
navigating  the  vessel,  and  shall  employ  wire  bell  pulls  for  signalizing 
the  engineer  from  the  pilot-house,  together  with  tubes  of  proper  size  so 
arranged  as  to  return  the  sound  of  the  engine-bells  to  the  pilot-house, 
or  other  arrangement  to  repeat  back  the  signal.  But  on  any  such  ves- 
sel navigated  by  the  mariners'  compass,  so  much  of  such  wire  rope  or 
chain  may  be  dispensed  with  and  disused  as  shall  influence  or  disturb 
the  working  of  the  compass. 

Sec.  4481.  Every  steam-vessel  navigating  rivers  only,  except  ferry- 
boats, freight-boats,  canal-boats,  and  towing-boats,  of  less  than  fifty 
tons,  shall  have  at  least  one  good  substantial  boat  with  lines  attached 
and  properlv  supplied  with  oars,  and  kept  in  good  condition  at  all  times 
and  ready  tbr  immediate  use;  and  in  addition  thereto,  every  such  yes 
sel  carrying  passengers  shall  have  one  or  more  metallic  life-boats,  fire 
proof,  and  in  all  respects  good  and  substantial  boats,  of  such  dimensions 
and  arrangements  as  the  board  of  supervising  inspectors  by  their  reg 
ulations  shall  prescribe,  which  boats  shall  be  carried  in  the  mo«t  con- 
venient manner  to  be  brought  into  immediate  use  in  case  of  accident 
But  where  the  character  of  the  navigation  is  such  that,  in  the  opinion 
of  the  supervising  inspector,  the  metallic  life-boats  can  be  dispensed 
witli,  he  may  exempt  any  such  vessel  from  carrying  the  same;  or  may 
re<iuire  a  substitute  therefor,  at  his  discretion. 

Sec.  4482.  Every  such  steam-vessel  carrying  passengers  shall  also  be 
provided  with  a  good  life-preserver,  made  of  suitable  material,  for  every 
cabin  i)assenger  for  which  she  will  liave  accommodation,  and  also  a  good 
life-preserver  or  iloat  for  each  deck  or  other  class  passenger  which  the  in- 
spector's certificate  shall  allow  her  to  carry,  including  the  officers  and 
crew;  which  life-preservers  or  floats  shall  be  kept  in  convenient  and  ac- 
cessible places  on  such  vessel  in  readiness  for  immediate  use  in  case  of 
accident. 

Sec.  4483.  Every  such  steam-vessel  carrying  passengers,  of  two  hun- 
dred tons  burden  or  less,  shall  also  keep  at  least  eighteen  fire-buckets 
and  two  water-barrels,  and  shall  have  not  less  than  four  axes;  and  every 
such  steamer  of  over  two  hundred  tons,  and  not  less  than  five  hundred 
tons  burden,  shall  carry  not  less  than  twenty-four  buckets,  four  water- 
barrels,  and  six  axes;  and  every  such  steamer  of  over  five  hundred 
tons  shall  carry  not  less  than  thirty-five  buckets,  six  water-barrels,  and 
eight  axes.     The  buckets  and  barrels  shall  be  kept  in  convenient  places 


86        NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

and  filled  with  water,  to  be  iu  readiness  in  case  of  tire,  and  the  axes 
shall  be  kept  in  good  order  and  ready  for  immediate  nse.  Tanks  of 
suitable  dimensions  and  arrangement,  or  buckets  in  sufficient  number, 
may  be  substituted  for  barrels. 

Seo.  4484.  Every  such  steam-vessel  carrying  passengers  on  the  main- 
deck  shall  be  provided  with  permanent  stairways  and  other  sufficient 
means,  convenient  to  the  passengers,  for  their  escape  to  the  upper  deck, 
in  case  of  the  vessel  sinking  or  of  other  accident  endangering  life;  and 
in  the  stowage  of  freiglit  ujton  such  deck,  where  passengers  are  carried, 
gangwaysor  passages,  sufficiently  large  to  allow  persons  to  pass  freely 
through  them,  shall  be  left  open  both  fore  and  aft  of  the  vessel,  and  also 
to  and  along  the  guards  on  each  side. 

Sec.  4485.  The  captain  or  mate  of  every  such  steam-vessel  carrying 
l^assengers  upon  the  main-deck  shall  assign  to  all  deck-passengers,  when 
taking  passage,  the  space  on  deck  they  may  occupy  during  the  voyage, 
and  such  space  shall  not  thereafter  be  occupied  by  freight,  nor  over- 
crowded by  other  persons,  nor  shall  freight  be  stowed  about  the  boilers 
or  machinery,  in  such  a  manner  as  to  obstruct  or  prevent  the  engineer 
from  readily  attending  to  his  duties. 

Sec.  448G.  For  every  violation  of  the  provisions  of  the  two  preceding 
sections  the  owners  of  the  vessel  shall  be  punished  by  a  tine  of  three 
hundred  dollars. 

Sec.  4487.  On  any  steamers  navigating  rivers  only,  when,  from  dark- 
ness, fog,  or  other  cause,  the  pilot  or  watch  shall  be  of  opinion  that  the 
navigation  is  unsafe,  or,  from  accident  to  or  derangement  of  the  machin- 
ery of  the  boat,  the  chief  engineer  shall  be  of  the  opinion  that  the  fur- 
ther navigation  of  the  vessel  is  unsafe,  the  vessel  shall  be  brought  to 
anchor,  or  moored  as  soon  as  it  can  prudently  be  done:  Provided,  That  if 
the  person  in  command  shall,  after  being  so  admonished  by  either  of  such 
officers,  elect  to  pursue  such  voyage,  he  may  do  the  same;  but  in  such 
case  both  he  and  the  owners  of  such  steamer  shall  be  answerable  for  all 
damages  which  shall  arise  to  the  person  of  any  passenger,  or  his  bag- 
gage, from  such  causes  in  so  pursuing  the  voyage,  and  no  degree  of  care 
or  diligence  shall  in  such  case-be  held  to  justify  or  excuse  the  person  iu 
command,  or  the  owners. 

Sec.  4488.  P^very  steamer  navigating  the  ocean,  or  any  lake,  bay,  or 
sound  of  the  United  States,  shall  be  provided  with  such  numbers  of 
life-boats,  floats,  rafts,  life-preservers,  and  drags,  as  will  best  secure  the 
safety  of  all  persons  on  board  such  vessel  in  case  of  disaster;  and  every 
sea-going  vessel  carrying  passengers,  and  every  such  vessel  navigating 
any  of  the  northern  or  northwestern  lakes,  shall  have  the  life-boats 
required  by  law,  provided  with  suitable  boat-disengaging  apparatus,  so 
arranged  as  to  allow  such  boats  to  be  safely  launched  while  such  vessels 
are  under  speed  or  otherwise,  and  so  as  to  allow  such  disengaging  ap- 
paratus to  be  operated  bj^  oue  person,  disengaging  both  ends  of  the 
boat  simultaneously  from  the  tackles  by  which  it  may  be  lowered  to  the 
water.  And  the  board  of  supervising  inspectors  shall  fix  and  deter- 
mine, by  their  rules  and  regulations,  the  kind  of  life-boats,  floats,  rafts, 
life-preservers,  and  drags  that  shall  be  used  on  such  vessels,  and  also 
the  kind  and  capacity  of  pumps  or  other  appliances  for  freeing  the 
steamer  from  water  in  case  of  heavy  leakage,  the  capacity  of  such 
pumps  or  ap])liances  being  suited  to  the  navigation  in  which  the 
steamer  is  emi)loyed. 

Sec.  4489.  The  owner  of  any  such  steamer  who  neglects  or  refuses  to 
provide  such  life-boats,  floats,  rafts,  life-preservers,  drags,  pumps,  or 
appliances,  as  are,  under  the  provisions  of  the  preceding  section,  re- 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  87 

quired  by  the  board  of  supervising  insi)ectors,  and  approved  by  tiie 
Secretary  of  the  Treasury,  shall  be  lined  one  thousand  dollars. 

Sec.  4490.  Every  sea-going-  s'.eainer,  and  every  steamer  uavigatiug 
the  great  northern  or  northwestern  lakes,  carry[ing]*  i)assengers,  the 
budding  of  which  shall  be  completed  after  the  twenty-eighth  day  of 
August,  eighteen  hundred  and  seventy-one,  shall  have  not  less  than 
three  water-tight  cross-bulkheads,  such  bulkheads  to  reach  to  the  main- 
deck  in  single-decked  vessels,  otherwise  to  the  deck  next  below  the 
main-deck  :  to  be  made  of  iron  i)lates,  sustained  upon  suitable  frame^ 
work  ;  and  to  be  properly  secured  to  the  hull  of  the  vessel.  The  posi- 
tion of  such  bulk-heads  and  the  strength  of  material  of  which  the  same 
shall  be  construcfed  shall  be  determined  by  the  general  rules  of  the 
board  of  supervising  ins[)ectors. 

Sec.  4401.  ]S^o  kind  of  instrument,  machine,  or  equipment,  for  the 
better  security  of  life,  provided  for  by  this  Title  shall  be  used  on  any 
steam  vessel  which  shall  not  first  be  a])])roved  by  the  board  of  supervis- 
ing inspectors,  and  also  by  the  Secretary  of  the  Treasury. 

Sec.  4492.  Every  barge  carrying  passengers,  while  in  tow  of  auy 
steamer,  shall  be  subject  to  the  provisions  of  this  title  relating  to  fire- 
buckets,  axes,  life-preservers,  and  yawls,  to  such  extent  as  shall  be  pre- 
scribed by  the  board  of  supervising  inspectors  ;  and  for  any  violation  of 
this  section  the  penalty  shall  be  two  hundred  dollars,  recoverable  one- 
half  for  the  use  of  the  informer. 

Sec.  4493.  Whenever  damage  is  sustained  by  any  passenger,  or  his 
baggage,  from  explosion,  fire,  collision,  or  other  cause,  the  master  and 
the  owner  of  such  vessel,  or  either  of  them,  and  the  vessel  shall  be  lia- 
ble to  each  and  every  person  so  injured,  to  the  full  amount  of  damage, 
if  it  happens  through  any  neglect,  or  failure  to  comply  with  the  provis- 
ions of  this  Title,  or  through  known  defects,  or  imperfections  of  the 
steam  apparatus  or  of  the  hull:  and  auy  person  sustaining  loss,  or  in- 
jury through  the  carelessness,  negligence,  or  willful  misconduct  of  any 
master,  mate,  engineer,  or  pilot,  or  his  neglect  or  refusal  to  obey  the 
laws  governing  the  navigation  of  such  steamers,  may  sue  such  master, 
mate,  engineer,  or  pilot,  and  recover  damages  for  any  such  injury  caused 
by  any  such  master,  mate,  engineer,  or  j)ilot.     (See  §  5344.) 

Sec.  4494.  Everj-  nuister,  or  commander  of  auy  steam-vessel  carrying 
])asseugers  shall  keej)  on  board  of  such  vessel  at  least  two  copies  of  the 
provisions  of  this  Title,  to  be  furnished  to  him  by  the  Secretary  of  the 
Treasury  :  and  if  the  master  or  commander  neglects  or  refuses  to  do  so, 
or  shall  unreasonably  refuse  to  exhibit  a  copy  of  the  same  to  an^*  pas- 
senger who  asks  for  it,  he  shall  be  liable  to  a  penalty  of  twenty  dol- 
lars. 

Sec.  4495.  Every  steam  vessel  of  the  United  States,  in  addition  to 
having  her  name  i)ainted  on  her  stern,  shall  have  the  same  conspicu- 
ously i)laced  in  distinct,  plain  letters,  of  not  less  than  .six  inches  in  length 
on  each  outer  side  of  the  pilot-house,  if  it  has  such,  and  in  case  the  ves- 
sel has  side  wheels,  also  on  the  outer  side  of  each  wheel-house;  and  if 
any  such  steamboat  be  found  witliout  having  her  named  i)lace<l  as  re- 
quired, she  shall  be  subject  to  the  same  penalty  and  forfeiture  as  pro- 
vided by  law  in  the  case  of  a  vessel  of  the  United  States  found  without 
having  her  name,  and  the  name  of  the  port  to  which  she  belongs,  painted 
on  her  stern. 

Sec.  4490.  All  collectors,  or  other  chief  officers  of  the  customs  and 
all  insjjectors  within  the  several  districts,  shall  enforce  the  provisions 
of  this  Title  against  all  steamers  arriving  and  departing. 

*  See  act  las^  cited,  sec.  52. 


88  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Seo.  4497.  Every  collector,  or  otber  chief  officer  of  the  customs,  or 
inspector,  who  uegligeutly,  or  iutentionally  omits  any  duty  under  the 
preceding  section,  shall  be  liable  to  removal  from  office,  and  to  a  penalty 
of  one  hundred  dollars  for  each  offense,  to  be  sued  for  in  an  action  of  debt. 

Sec.  441)8.  No  license,  register,  or  enrollment  shall  be  granted,  nor 
any  other  papers  be  issued  by  any  collector  or  other  chief  officer  of  the 
customs  to  any  vessel  propelled  in  whole,  or  in  part  by  steam,  until  he 
shall  have  satisfactory  evidence  that  all  the  provisions  of  this  Title 
have  been  fully  complied  with. 

Sec.  4499.  If  any  vessel  pro])elled  in  whole  or  in  part  by  steam  be 
navigated  without  complying  with  the  terms  of  this  Title,  the  owner 
shall  be  liable  to  the  United  States  in  a  penalty  of  five  hundred  dollars 
for  each  oifense,  one-half  for  the  use  of  the  informer,  for  which  sum  the 
vessel  so  navigated  shall  be  liable,  and  may  be  seized  and  proceeded 
against  by  way  of  libel  in  any  district  court  of  the  United  States  having 
jurisdiction  of  the  offense. 

Sec.  4500.  The  i)enalty  for  the  violation  of  any  provision  of  this  Title, 
not  otherwise  specially  provided  for,  shall  be  a  fine  of  five  hundred  dol- 
lars, recoverable  one-half  for  the  use  of  the  informer. 


4.— INSPECTION,  &C. 

Title  Lll,  chap.  1. — Regulation  of  Steam- Vessels.) 

INSPECTION. 

Sec.  4399.  Every  vessel  propelled  in  whole  or  in  part  by  steam  shall 
be  deemed  a  steam-vessel  within  the  meaning  of  this  Title, 

Sec.  4400.  All  steam-vessels  navigating  any  waters  of  the  United 
States  which  are  coniiuon  highways  of  coinnierce,  or  open  to  general  or 
competitive  navigation,  excepting  public  vessels  of  the  United  States, 
vessels  of  other  countries,  and  boats  i)ropelled  in  whole  or  in  part  by 
st<aiu  for  navigating  canals,  shall  be  subject  to  the  provisions  of  this 
Title. 

Sec.  4401.  All  coastwise  sea-going  vessels,  and  vessels  navigating 
the  great  lakes,  shall  be  subject  to  the  navigation  laws  of  the  United 
States,  when  navigating  within  the  jurisdiction  thereof;  and  all  vessels, 
propelled  in  whole  or  in  part  by  steam,  and  navigating  as  aforesaid, 
shall  be  subject  to  all  the  rules  and  regulations  established  in  i)ursuance 
of  law  for  the  government  of  steam- vessels  in  passing,  as  provided  by 
this  Title ;  ami  every  coastwise  sea-going  steam-vessel  subjec-t  to  the  nav- 
igation In  ws  of  the  United  States,  and  to  the  rules  and  regulations  afore- 
said, not  sailing  under  register,  shall,  when  under  way,  except  on  the 
high  seas,  be  under  the  control  and  direction  of  pilots  licensed  by  the 
inspectors  of  steamboats. 

Sec.  4402.  There  shall  be  a  supervising  inspector-general,  who  shall 
be  api)ointe(l  from  time  to  time  by  the  President,  by  and  with  the  ad- 
vice and  consent  of  the  Senate,  and  who  shall  be  selected  with  reference 
to  his  fitness  and  al)ility  to  systematize  and  carry  into  effect  all  thepio- 
visions  of  law  relating  to  the  steamboat-inspection  service,  and  who  shall 
be  entitled  to  a  salary  of  three  thousand  five  hundred  dollars  a  year, 
and  his  reasonable  traveling  expenses,  or  mileage  at  the  rate  of  ten  cents 
^  mile,  incurred  in  the  iierformance  of  his  duty. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  89 

Sec.  4403.  The  sai)ervisin<.'  iiis])ector-j;eiieial  shall,  under  rhe  direc- 
tion of  the  Secretary  of  the  Treasury,  superintend  the  administration  of 
the  steam  boat- inspection  laws,  ])reside  at  tiie  meetinjis  of  the  board  of 
supervising'  inspectors,  receive  all  reports  of  inspectors,  receive  and  ex- 
amine all  accounts  of  inspectors,  rei)ort  fully  at  stated  periods  to  the 
Secretary  of  the  Treasury  upon  all  nuitters  jiertaining  to  his  official  du- 
ties, and  produce  a  correct  and  uniform  administration  of  the  inspection 
laws,  rules,  and  regulations. 

Sec.  44U4.  There  shall  be  ten  supervising  inspectors,  who  shall  be  ap- 
pointed l)y  the  President,  by  and  with  the  advice  and  consent  of  the 
Senate.  Each  of  them  shall  be  selected  for  his  knowledge,  skill,  and 
piactical  exi)erience  in  the  uses  of  steam  for  navigation,  and  shall  be  a 
competent  judge  of  the  character  and  qualities  of  steam-vessels,  and  of 
all  parts  of  the  machinery  employed  m  steaming.  Each  supervising  in- 
spector shall  be  entitled'  to  a  salarv  of  three  thousand  dollars  a  year, 
and  his  actnal  and  reasonable  traveling  exjteuses  at  the  rate  of  ten  cents 
a  mile,  incurred  in  the  performance  of  his  duty,  together  with  his  actual 
and  reasonable  expenses  for  transportation  of  instruments,  which  shall 
be  certified  and  sworn  founder  such  instructions  asmay  begiveu  by  the 
Secretary  of  the  Treasury. 

Sec.  4405.  The  supervising  inspectors  and  the  supervising  inspector- 
general  shall  assemble  as  a  board  once  in  each  year,  at  the  city  of  Wash- 
ington, District  of  Columbia,  on  the  third  Wednesday  in  January,  and 
at  such  other  times  as  the  Secretary  of  the  Treasury  shall  prescribe,  for 
joint  consultation,  and  shall  assign  to  each  of  the  supervising  inspect- 
ors the  limits  of  territory  within  which  he  shall  perform  his  duties. 
The  board  shall  establish  all  necessary  regulations  required  to  carry  out 
in  the  most  effective  manner  the  provisions  of  this  Title,  and  such  regu- 
lations, when  apiiroved  by  the  Secretary  of  the  Treasury,  shall  have  the 
force  of  law.  The  supervising  inspector  for  the  district  embracing  the 
Pacific  coast  shall  not  be  under  obligation  to  attend  the  meetings  of 
the  board  oftener  than  once  in  two  years  :  but  when  he  does  not  attend 
such  meetings  he  shall  make  his  communications  thereto,  in  the  way  of 
a  report,  in  such  manner  as  the  board  shall  prescribe. 

Sec.  4406.  Each  supervising  inspi-ctor  shall  watch  overall  parts  of 
the  territory  assigned  to  him,  shall  visit,  confer  with,  and  examine  into 
the  doings  of  the  local  boards  of  insi)ectors  within  his  district,  and  shall 
instruct  them  in  the  proper  performance  of  their  duties;  and  shall, 
whenever  he  thinks  it  expedient,  visit  any  vessels  licensed,  and  examine 
into  their  condition,  for  the  purpose  of  ascertaining  whether  the  provis- 
ions of  this  Title  have  been  observed,  and  complied  with,  both  by  the 
board  of  insi)ectors  and  the  master  and  owners.  All  masters,  engineers, 
mates,  and  i>ilots  of  su(!h  vessels  shall  answer  all  reasonable  inquiries, 
and  shall  give  all  the  information  in  their  power  in  regard  to  any  such 
vessel  so  visited,  ami  her  machinery  for  steaming,  and  the  manner  of 
managing  both. 

Sec.  4407.  Whenever  a  supervising  inspector  ascertains  to  his  satis- 
faction that  any  master,  nuite,  engineer,  pilot,  or  owner  of  any  steam- 
vessel  fails  to  perlbrm  his  duties  according  to  the  provisions  of  this 
Title,  he  shall  report  the  facts  in  wiiting  to  the  board  of  local  inspectors 
in  the  district  where  the  vessel  was  ins]»ected  or  belongs;  and,  if  need 
be.  he  shall  cause  the  negligent  or  otfending  party  to  be  prosecuted;  and 
if  tiu'  supervising  inspector  has  good  reas(Ui  to  Ijelieve  there  has  been, 
through  negligen(;e  or  any  other  cause,  a  failure  of  the  board  which  in- 
spected the  vessel  to  do  its  duty,  he  shall  rei)ort  the  facts  in  writing  to 
the  Secretary  of  the  Treasury ;  who  shall  cause  immediate  investigation 


90  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

into  tlie  truth  of  tbe  coinplaiut,  and,  if  he  deems  the  cause  sufficient, 
shall  remove  any  officer  found  delinquent. 

Sec.  4408.  The  supervising  inspectors  shall  see  that  the  several  boards 
of  local  inspectors  wirhin  their  respective  districts  execute  their  duties 
faitliiullj',  promptly,  and,  as  far  as  jjossible,  uniformly  in  all  places,  by 
following  out  the  provisions  of  this  Title  according  to  the  true  intent 
and  meaning  thereof;  and  they  shall,  as  far  as  practicable,  harmonize 
differences  of  opinion  existing  in  diflerent  local  boards. 

Sec.  4409.  The  supervising  inspector  shall  visit  any  collection-districts 
in  which  there  is  at  any  time  no  board  of  inspectors,  and  within  which 
steam-vessels  are  owned  and  [or]*  employed.  Each  supervising-inspector 
shall  have  full  power  in  any  such  district,  or  in  any  district  where,  from 
distance  or  other  cause,  it  is  inconvenient  to  resort  to  the  local  board,  to 
ins])ect  any  steam-vessel  and  the  boileis  of  such  steamer,  and  to  grant 
certificates  of  approval,  and  to  do  and  perform  all  the  duties  imposed 
upon  local  boards. 

Sec.  4410.  Each  supervising  inspector  shall  report,  in  writing,  at  the 
annual  meetings  of  the  board,  the  general  business  transacted  in  his 
district  during  the  year,  embracing  all  violations  of  the  laws  regulating 
steam-vessels,  and  the  action  taken  in  relation  to  the  same,  all  investi- 
gations and  decisions  by  local  inspectors,  and  all  cases  of  appeal,  and 
the  result  thereof;  and  the  board  shall  examine  into  all  the  acts  of  each 
supervising  inspector  and  local  board,  and  all  complaints  made  against 
the  same,  in  relation  to  the  performance  of  their  duties  under  the  law, 
and  the  judgment  of  the  board  in  each  case  shall  be  entered  upon  their 
journal ;  and  the  board  shall,  as  far  as  possible,  correct  mistakes  where 
they  exist. 

Sec.  4411.  The  board  of  supervising  inspectors  shall  establish  such 
regulations  as  may  be  necessary  to  make  known  in  a  proper  manner,  to 
local  inspectors,  the  names  of  all  persons  licensed  under  the  provisions 
of  this  Title,  the  names  of  all  persons  from  whom  licenses  have  been 
withheld,  and  the  names  of  all  whose  licenses  have  been  suspended  or 
revoked ;  also  the  names  of  all  steam-vessels  neglecting  or  refusing  to 
make  such  repairs  as  may  be  ordered  pursuant  to  law,  and  the  names 
of  all  that  have  been  refused  certificates  of  inspection. 

Sec.  4412.  The  board  of  supervising  inspectors  shall  establish  such 
regulations  to  be  observed  by  all  steam-vessels  in  passing  each  other, 
as  they  shall  from  time  to  time  deem  necessary  for  safety;  two  printed 
copies  of  such  regulations,  signed  by  them,  shall  be  furnished  to  each 
of  such  vessels,  and  shall  at  all  times  be  kept  posted  up  in  conspicuous 
places  in  such  vessels. 

Sec.  4413.  Every  pilot,  engineer,  mate,  or  master  of  any  steam- vessel 
who  neglects  or  willfully  refuses  to  observe  the  regulations  established 
in  j)ursuance  of  the  i)receding  section,  shall  be  liable  to  a  penalty  of 
fitty  dollars,  and  for  all  damages  sustained  by  any  passenger,  in  his 
person  or  baggage,  by  such  neglect  or  refusal. 

Sec.  4414.  There  shall  be,  in  each  of  the  following  collection-districts, 
one  iusi)ector  of  hulls  and  one  inspector  of  boilers ;  who  shall  be  entitled 
to  the  following  salaries,  to  be  paid  annually,  under  the  directions  of 
the  Secretary  of  the  Treasury: 

In  the  districts  of  New  York  and  New  Orleans,  to  a  salary  of  two 
thousand  two  hundred  dollars  a  year  each. 

In  the  districts  of  Philadelphia,  Baltimore,  Buffalo,  Saint  Louis, 
Louisville,  Ciucinnati,   Pittsburgh,  San   Francisco,  Boston,   Detroit, 

•See  Act  of  Feb.  ^8,  1871,  chap.  100,  sec.  27. 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.        91 

Cbicago,  Milwaukee,  Huron,  aud  Galeua,  to  a  salary  of  two  thousand 
dollars  a  year  each. 

In  the  district  of  Michigan,  to  a  salary  of  nine  hundred  dollars  a 
year. 

In  the  districts  of  Mobile,  Memphis,  and  Cleveland,  to  a  salary  of 
one  thousand  five  hundred  dollars  a  year  each. 

In  the  districts  of  Willamette,*t  New  London,  Norfolk,  Charleston,. 
Savannah,  Galveston,  Albany,  Wheeling,  Nashville,  Portland,  |iii 
Maine,]t  and  Evansville,  to  a  salary  of  one  thousand  two  hundred  dol- 
lais  a  year  each. 

In  the  districts  of  Puget  Sound,  A])alachicola,  Oswego,  Burlington, 
and  SnpeVior,  to  a  salary  of  eight  hundred  dollars  a  year  each. 

And  in  addition,  the  Secretary  of  the  Treasury  may  appoint  in  such 
districts,  where  their  services  are  actually  required,  assistant  inspectors, 
at  a  salary,  for  the  district  of  New  York,  of  two  thousand  dollars  a 
year  each;  and  for  all  other  districts,  at  a  salary  not  exceeding  one 
thousand  six  hundred  dollars  a  year  each;  and  he  may  appoint  a  clerk 
to  any  such  board  at  a  compensation  not  exceeding  one  thousand  two 
hundred  dollars  a  year  to  each  person  so  appointed.  Every  inspector 
shall  be  paid  for  his  actual  and  reasonable  traveling  expenses,  at  the 
rate  of  ten  cents  per  mile,  incurred  in  the  performance  of  his  dutyj 
together  with  his  actual  and  reasonable  expenses  for  transportation  of 
instruments,  which  shall  be  certified  and  sworn  to  under  such  instruc- 
tions as  shall  be  given  by  the  Secretary  of  the  Treasury. 

Sec.  4415.  Whenever  any  vacancy  occurs  in  any  local  board  of  in- 
spectors, or  whenever  local  inspectors  are  to  be  appointed  for  a  new 
district,  the  supervising  inspectors  shall  notify  the  collector  or  other 
chief  officers  of  the  customs  for  the  district,  and  the  judge  of  the  district 
court  for  the  district  in  which  such  appointment  is  to  be  made,  who^ 
together  with  the  supervising  inspector,  shall  meet  together  as  a  board 
of  designators,  and  fill  the  vacant  or  new  inspectorship.  Such  board, 
or  the  major  part  thereof,  when  designating  an  inspector  of  hulls,  shall 
select  a  person  of  good  character  and  suitable  qualifications  and  attain- 
ments to  perform  the  services  required  of  inspectors  of  hulls,  and  who, 
from  his  practical  knowledge  of  ship  building  and  navigation  and  the 
uses  of  steam  in  navigation,  is  fully  competent  to  make  a  reliable  esti- 
mate of  the  strength,  sea-worthiness,  and  other  qualities  of  the  hulls  of 
steam  vessels  and  their  equipment,  deemed  essential  to  safety  of  life  in 
their  navigation  ;  and  when  designating  an  inspector  of  boilers,  shall 
select  a  person  of  good  character  and  suitable  qualifications  and  attain- 
ments to  perform  the  services  required  of  inspectors  of  boilers,  who,  from 
his  knowledge  and  experience  of  the  duties  of  an  engineer  employed  m 
navigating  vessels  by  steam,  and  also  of  the  construction  and  use  of  boil- 
ers, and  machinery,  and  appurtenances  therewith  connected,  is  liable 
[ablejl  to  form  a  reliable  0]union  of  the  strength,  form,  workmanship,  and 
suitableness  of  boilers  and  machinery  to  be  employed  without  hazard  to 
life,  from  imperfection  in  the  mateiial,  workmanship,  or  arrangement  of 
any  ])art  of  such  apparatus  for  steaming.  No  ai)pointment  of  an  in- 
spector of  hulls  shall  be  made  without  the  concurrence  of  the  supervis- 
ing inspector.  The  inspectors  of  hulls  and  the  inspector  of  boilers  thus 
designated,  when  approved  by  the  Secretary  of  the  Treasury,  shall,  from 
the  date  of  designation,  constitute  a  board  of  local  inspectors. 

*  Substituted  for  "Portland,  iu  the  district  of  Oregon." 
tSee  Act  of  Feb.  28,  1«71,  chap.  100,  sec.  G'^. 
t  See  act  last  cited,  sec.  11. 


92  NAVIGATION    LAWS    OF    THE    UNITED    STATE8. 

Sec.  441G.  No  person  interested,  either  directly  or  indirectly,  in  any 
patented  article  re(iuired  to  be  used  on  any  steamer  by  tiiis  Title,  or  who 
is  a  member  of  any  association  of  owners,  masters,  engineers,  or  pilots 
of  steamboats,  or  who  is  directly  or  indirectly  i)ecuniarily  interested  in 
anv  steam-vessel,  or  who  has  not  the  qualifications  and  requirements 
prescribed  by  tins  Title,  or  who  is  intemi)erate  in  his  habits,  shall  be 
eligible  to  hold  the  office  of  either  supervising  or  local  inspector,  or  to 
discharge  the  duties  thereof;  and  if  any  such  person  shall  attempt  to 
exercise  the  functions  of  the  office  of  either  inspector,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  punishable  by  a  fine  of  five  hundred  dollars, 
and  shall  be  dismissed  from  office. 

Sec.  4417.  The  local  inspectors  shall,  once  in  every  year,  at  least, 
upon  application  in  writing  of  the  master  or  owner,  carefully  inspect 
the  hull  of  each  steam-vessel  within  their  resi)ective  districts,  and  shall 
satisfy  themselves  that  every  such  vessel  so  submitted  to  their  inspec- 
tion is  of  a  structure  suitable  for  the  service  in  which  she  is  to  be  em- 
ployed, has  suitable  accommodations  for  passengers  and  the  crew,  and 
is  in  a  condition  to  warrant  the  belief  that  she  may  be  used  in  naviga- 
tion as  a  steamer,  with  safety  to  life,  and  that  all  the  requirements  of 
law  in  regard  to  fires,  boats,  pumps,  hose,  life  preservers,  floats,  anchors, 
cables,  and  other  things,  are  faithfully  complied  with  ;  and  if  they  deem 
it  expedient,  they  may  direct  the  vessel  to  be  put  in  motion,  and  may 
adopt  any  other  suitable  means  to  test  her  sufficiency  and  that  of  her 
■equipment. 

Sec.  4418.  The  local  inspectors  shall  also  inspect  the  boilers  of  all 
steam-vessels  before  the  same  shall  be  used,  and  once  at  least  in  every 
year  thereafter.  They  shall  subject  all  boilers  to  the  hydrostatic  pres- 
sure ;  and  shall  satisfy  themselves  by  thorough  examination  that  the 
boilers  are  well  made,  of  good  and  suitable  material ;  that  the  openings 
for  the  ])assage  of  water  and  steam,  respectively,  and  all  pipes  and  tubes 
exposed  to  heat,  are  of  proper  dimensions  and  free  from  obstruction; 
that  the  spaces  between  and  around  the  flues  are  sufficient ;  that  the 
flues  are  circular  in  form;  that  the  fire  line  of  the  furnace  is  at  least  two 
inches  below  the  prescribed  minimum  water-line  of  the  boilers  ;  that  the 
arrangement  for  delivering  the  feed-water  is  such  that  the  boilers  can- 
not be  injured  thereby;  and  that  such  boilers  and  machinery,  and  the 
appurtenances,  may  be  safely  employed  in  the  service  proposed  in  the 
written  application,  without  peril  to  life.  They  shall  also  satisfy  them- 
selves that  the  safety-valves  are  of  suitable  dimensions,  sufficient  in 
number,  and  well  arranged  ;  and  that  the  weights  of  the  safety-valves 
are  properly  adjusted,  so  as  to  allow  no  greater  pressure  in  the  boilers 
than  the  amount  prescribed  by  the  inspection  certificate;  that  there  is 
a  sufficient  number  of  gauge-cocks  pro])erly  inserted,  and,  to  indicate 
the  pressure  of  steam,  suitable  steam-registers  that  will  correctly  record 
each  excess  of  steani  carried  above  the  prescribed  limit  and  the  highest 
point  attained;  and  that  there  are  reliable  low- water  gauges;  and  that  the 
fusible  metals  are  properly  inserted  so  as  to  fuse  by  the  heat  of  the  fur- 
nace, whenever  the  water  in  the  boilers  falls  below  its  prescribed  limits; 
and  that  adequate  and  certain  provision  is  made  for  an  ample  supply  of 
water  to  feed  the  boilers  at  all  times,  whether  such  vessel  is  in  motion 
or  not,  so  that  in  high-pressure  boilers  the  water  shall  not  be  less  than  four 
inches  above  the  top  of  the  flues  ;  and  that  means  for  blowing  out  are 
provided,  so  as  to  thoroughly  remove  the  mud  and  sediment  from  all 
parts  of  the  boilers,  when  tliey  are  under  pressure  of  steanj.  In  sub- 
jecting to  the  hydrostatic  tests  boilers  usually  designated  and  known  as 

*See  sec.  4420. 


NAVIGATION   LAWS    OF    THE    UNITED    STATES.  93 

high-pressure  boilers,  the  inspectors  shall  assume  one  hunrded  aud  ten 
pounds*  to  the  square  inch,  as  the  maximum  pressure  allowable  as  a 
working  power  lor  a  new  boiler  of  forty-two  inches  in  diameter,  made  in 
the  best  manner,  of  inspected  iron  plates,  one-fourth  of  an  inch  thick^ 
and  of  a  quality  required  by  law,  anil  shall  rate  the  working-power  of 
all  high  pressure  boilers,  whether  old  or  new,  according  to  their  strength, 
compai  ed  with  this  standard  ;  and  in  all  cases  the  test  api)lied  shall 
exceed  the  working-power  allowed,  in  the  ratio  of  one  hundred  and  sixty- 
five  to  one  hundred  and  ten.  In  subjecting  to  the  hydrostatic  tests 
boilers  usually  designated  and  known  as  low-pressure  boilers,  the  in- 
spectors shall  allow  as  a  working-power  for  each  new  boiler,  a  pressure 
of  only  three-fourths  the  number  of  pounds  to  the  square  inch  to  whichit 
has  been  subjected  by  the  hydrostatic  test,  and  for  which  it  has  been  found 
to  be  sufficient.  Should  the  inspectors  be  of  the  opinion  that  any  boiler, 
by  reason  of  its  construction  or  material,  will  not  safely  allow  so  high 
a  working  i>ressure  as  is  above  described,  they  may,  for  reasons  to  be 
stated  specially  in  their  certificate,  fix  the  working-pressure  of  such 
boiler  at  less  than  three-fourths  of  the  test-pressure.  All  boilers  used 
on  steam-vessels  and  constructed  of  iron  or  steel  plates,  inspected  under 
the  i^rovisions  of  section  forty-four  hundred  and  thirty,  shall  be  sub- 
jected to  a  hydrostatic  test,  in  the  ratio  of  one  hundred  and  fifty  pounds 
to  the  square  inch  to  one  hundred  pounds  to  the  square  inch  of  the  work- 
ing steam-])ower  allowed.  !No  boiler  or  pipe,  nor  any  of  the  connections 
therewith,  shall  be  approved,  which  is  made,  in  whole  or  in  part,  of  bad 
material,  or  is  unsafe  in  its  form,  or  dangerous  from  defective  workman- 
ship, age,  use,  or  other  cause. 

Sec.  44:19.  One  of  the  safety  valves  may,  if  in  the  opinion  of  the  local 
inspectors  it  is  necessary  to  do  so,  and  the  steam-registers  shall,  be 
taken  wholly  from  the  control  of  all  persons  engaged  in  navigating  such 
vessel  and  secured  by  the  inspectors.  .'  | 

Sec.  4420.  In  applying  the  directions  of  the  preceding  section  [4418]  to 
steamboats  used  exclusively  for  towing  and  carrying  freight  on  the  Mis- 
sissippi River  aud  its  tributaries,  the  local  inspectors  shall  substitute, 
for  such  boats,  one  hundred  and  fifty  pounds  of  steam-pressure  in  place 
of  one  hundred  and  ten»  pounds  for  the  standard  pressure  upon  stan<lard 
boilers  of  forty-two  inches  diameter,  and  of  plates  of  one-quarter  of  an 
inch  in  thickness;  and  such  boats  may,  on  the  wa-itten  permit  of  the 
supervising  inspe(!tor  of  the  district  in  which  such  boats  shall  carry  on 
their  business  lor  a  peiiod  of  twelve  months  from  the  seventeenth  day 
of  iJecember,  eighteen  hundred  and  seventy-two,  be  permitted  to  carry 
steam  above  the  standard  pressure  of  one  hundred  aud  ten  pounds,  but 
not  exceeding  the  standard  pressure  of  one  hundred  and  fitty  pounds, 
to  the  square  inch. 

Sec.  4421.  When  the  inspection  of  a  steam-vessel  is  completed  and 
the  inspectors  approve  the  vessel  and  her  equipment  throughout,  they 
shall  make  aud  subscribe  a  certificate  to  the  collector  or  other  chief 
oftlcer  of  the  customs  of  the  district  in  which  such  inspection  has  been 
made[,]  in  accoidance  with  the  form  and  regulations  prescribed  by  the 
board  of  supervising  insi)ector8.  Such  certificate  shall  be  verified  by 
the  oaths  of  the  inspectors  signing  it[,]  before  the  chief  officer  of  the  cus- 
toms of  the  district,  or  any  other  person  competent  by  law  to  administer 
oaths.  If  the  inspectors  refuse  to  grant  a  certificate  of  approval,  they 
shall  make  a  statement  in  writing,  aud  sign  the  same,  giving  the  reasons 
for  their  disapproval. 

Sec.  4422.  Upon  the  application  of  any  master  or  owner  of  any  steam- 
vessel  employed  in  the  carriage  of  passengers,  for  a  license  to  carry 


"94  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

gunpowaer,  the  local  inspe(;tois  shall  examine  such  vessel,  and  if  they 
find  that  she  is  x)rovided  with  a  chest  or  safe  composed  of  metal,  or  en- 
tirely lined  and  sheathed  therewith,  or  if  the  vessel  has  one  or  more 
compartments  thoroughly  lined  and  sheatlied  with  metal,  at  a  secure 
distance  Irom  any  tire,  they  may  grant  a  certificate  to  that  effect,  au- 
thorizing such  vessel  to  carry  as  freight  within  such  chest,  sales,  or  com- 
partments, the  article  of  gunpowder. 

Sec.  44L>3.  Every  collector  or  other  chief  officer  of  the  customs  shall 
retain  on  file  all  original  certificates  of  the  inspectors  required  to  be  de- 
livered to  him,  and  shall  give  to  the  master  or  owner  of  the  vessel 
therein  named  three  certified  copies  thereof;  two  of  which  shall  be 
placed  by  such  master  or  owner  in  conspicuous  places  in  the  vessel 
where  they  will  be  most  likely  to  be  observed  by  passengers  and  others, 
and  there  "kept  at  all  times,  framed  under  glass  ;  and  the  other  shall  be 
retained  by  such  master  or  owner,  as  evidence  of  the  authority  thereby 
conferred. 

Skc.  4424.  Whenever  any  passenger  is  received  on  board  any  steam- 
vessel  not  having  the  certified  copies  of  the  certificate  of  approval 
placed  and  kept  as  required  by  this  Title,  or  whenever  any  passenger 
steam-vessel  receives  or  carries  any  gunpowder  on  board,  not  having  a 
certificate  authorizing  the  same,  and  a  certified  copy  thereof  placed  and 
kept  as  required,  or  shall  carry  any  gunpowder  at  a  place  or  in  a  man- 
ner not  authorized  by  such  certificate,  snch  steam-vessel  shall  be  liable 
to  a  penalty  of  one  hundred  dollars  for  each  offense. 

*!Sec.  4425.  Every  inspector  who  willfully  certifies  falsely  touching 
any  steam-vessel,  as  to  her  hull,  accommodations,  boilers,  engines,  ma- 
<;hinery,or  their  appurtenances,  or  any  of  her  equipments,  or  any  matter 
or  thing  contained  in  any  certificate  signed  and  sworn  toby  him,  shall 
be  punished  by  fine  of  not  more  than  five  hundred  dollars,  or  imprison- 
ment for  not  more  than  six  months,  or  both. 

Sec.  4426.  The  hull  and  boilers  of  every  ferry-boat,  canal-boat,  yacht, 
or  other  small  craft  of  like  character,  propelled  by  steam,  shall  be  in- 
spected under  the  provisions  of  this  Title.  Such  other  provisions  of 
law  for  the  better  security  of  life,  as  may  be  applicable  to  such  vessels, 
shall,  by  the  regulations  of  the  board  of  supervising  inspectors,  also  be 
required  to  be  compiled  with,  before  a  certificate  of  inspection  shall  be 
granted ;  and  no  such  vessel  shall  be  navigated  without  a  licensed  engi- 
neer and  a  licensed  pilot. 

Sec.  4427.  The  hull  and  boiler  of  every  tug-boat,  towing-boat,  and 
freight-boat  shall  be  inspected,  under  the  provisions  of  this  Title;  and 
the  inspectors  shall  see  that  the  boilers,  machinery,  and  appurtenances 
of  such  vessel  are  not  dangerous  in  form  or  workmanship,  and  that  the 
safety-valves,  gauge-cocks,  low-water  alarm-indicators,  steam-gauges, 
and  fusible  plugs  are  all  attached  in  conformity  to  law ;  ami  the  officers 
navigating  such  vessels  shall  be  licensed  in  conformity  with  the  provis- 
ions of  this  Title,  and  shall  be  subject  to  the  same  provisions  of  law  as 
officers  navigating  passenger-steamers. 

Sec.  4428.  Every  boiler  manufactured  to  be  used  on  steam-vessels, 
and  made  of  iron  or  steel  plates  shall  be  constructed  of  i)lates  that  have 
been  stamped  in  accordance  with  the  provisions  of  this  Title. 

Sec.  4429.  Every  person  who  constructs  a  boiler,  or  steanr-pipe  con- 
necting the  boilers,  to  be  used  on  steam- vessels,  of  iron  or  steel  plates 
which  have  not  been  duly  stamped  and  inspected  according  to  the  pro- 
visions of  this  Title,  or  who  knowingly  uses  any  defective,  bad,  or  faulty 

*  See  sec.  54b2. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  95 

iron  or  steel  in  the  construction  of  such  boilers  ;  or  who  drifts  any  rivet- 
hole  to  nuike  it  i^ome  fair  ;  or  wlio  delivers  any  such  boiler  for  use,  kuow- 
ino-  it  to  be  imperfect  in  its  tines,  flanging',  riveting,  bracing,  or  in  any 
■other  of  its  ])arts,  shall  be  fined  one  thousand  dollars,  one  half  for  the 
use  of  the  informer.  Nothing  in  this  Title  shall  be  so  construed  as  to 
l)reveut  from  being  used,  on  any  steamer,  any  boiler  or  steam-generator 
Avhich  may  not  be  constructed  of  riveted  iion  or  steel  plates,  when  the 
board  of  supervising  inspectors  have  satisfactory  evidence  that  such 
boiler  or  steam-generator  is  equal  in  strength,  and  as  safe  from  explosion, 
as  a  boiler  of  the  best  quality  constructed  of  riveted  iron  or  steel  i)lates. 

Se(!.  4430,  Every  iron  or  steel  plate  used  in  the  construction  of  steam- 
boat-boilers, and  which  shall  be  subject  to  a  tensile  strain,  shall  be  in- 
spected in  such  manner  as  shall  be  prescribed  by  the  board  of  sup»^rvis- 
ing  inspectors  and  apj)roved  by  the  Secretary  of  the  Treasury,  so  as  to 
enable  the  inspectors  to  ascertain  its  tensile  strength,  honiogeneousness, 
toughness,  and  ability  to  withstand  the  effect  of  repeated  heating  and 
cooling;  and  no  iron  or  steel  plate  shall  be  used  in  the  construction  of 
such  boilers  which  has  not  been  inspected  and  approved  under  those  rules. 

Sec.  4431.  Every  plate  of  boiler  iron  or  steel,  made  for  use  in  the  con- 
struction of  steamboat-boilers,  shall  be  distinctly  and  permanently 
stamped  by  the  manufacturer  thereof,  and,  if  practicable,  in  such  places 
that  the  marks  shall  be  left  visible  when  such  plates  are  worked  into 
boilers,  with  the  name  of  the  manufacturer,  the  place  where  manufact- 
ured, and  the  number  of  pounds  tensile  strain  it  will  bear  to  the  sec- 
tional square  inch  ;  and  the  inspectors  shall  keep  a  record  in  their  office 
of  the  stamps  upon  all  boiler-plates  and  boilers  which  they  inspect. 

Sec.  4432.  Every  person  who  counterfeits,  or  causes  to  be  counter- 
feited, any  of  the  marks  or  stamps  prescribed  for  boiler  iron  or  steel 
I)lates,  or  who  designedly  stamps,  or  causes  to  be  stamped  falsely,  anj^  such 
plates  ;  and  every  person  who  stamps  or  marks,  or  causes  to  be  stamped 
or  marked,  any  such  iron  or  steel  plates  with  the  name  or  trade-mark  of 
another,  with  the  intent  to  mislead  or  deceive,  shall  be  lined  two  thousand 
dollars,  one  half  to  the  use  of  the  informer,  and  may,  in  addition  thereto, 
at  the  discretion  of  the  court,  be  imprisoned  not  exceeding  two  years. 

Sec.  4433.  The  working  steam-pressure  allowable  ou  boilers  con- 
structed of  plates  inspected  as  required  b^'this  Title,  when  single-riveted, 
shall  not  produce  a  strain  to  exceed  one-sixth  of  the  tensile  strength  of 
the  iron  or  steel  plates  of  which  such  boilers  are  constructed  ;  but  where 
the  longitudinal  laps  of  the  cylindrical  parts  of  such  boilers  are  double- 
riveted,  and  the  rivet-holes  for  such  boilers  have  been  fairly  drilled  in- 
stead of  punched,  an  addition  of  twenty  i)er  centum  to  tlie  working- 
pressure  provided  for  single-riveting  may  be  allowed  :  Proinded,  That 
all  other  parts  of  such  boilers  shall  correspond  in  strength  to  the  addi- 
tional allowances  so  made ;  and  no  split-calking  shall  in  any  case  be 
permitted. 

Sec.  4434.  aI^o  boiler  to  which  the  heat  is  applied  to  the  outside  of 
the  shell  thereof  shall  be  constructed  of  irou  or  steel  i)lates  of  more 
than  twenty  six  one-hundredths  of  an  inch  in  thickness,  the  ends  or 
heads  of  the  boilers  only  ex(;epted;  and  every  such  boiler  employed  on 
steam-vessels  navigating  rivers  flowing  into  the  Crulf  of  Mexico,  or  their 
tributaries,  shall  have  not  less  than  three  inches  space  between  and 
around  its  internal  flues. 

Sec.  443.J.  The  feed-water  shall  be  delivered  into  the  boilers  in  such 
manner  as  to  prevent  it  from  contracting  the  metal,  or  otherwise  injur- 
ing the  boilers.  And  when  boilers  are  so  arranged  on  a  vessel  that 
there  Is  employed  a  water-connecting  pipe  through  which  the  water  may 


96        NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

pass  from  one  boiler  to  another,  there  shall  also  be  i)rovided  a  similar 
steam  connection,  having-  an  area  of  oi)eniug  into  each  boiler  of  at  least 
one  sqnare  inch  for  every  two  square  feet  of  effective  heating-surface 
contained  in  any  one  of  the  boilers  so  connected,  half  the  flue  and  all 
other  lire  surfaces  being  computed  as  effective.  Adequate  provision 
shall  be  made  on  all  steam-vessels  to  prevent  sparks  or  flames  from  be- 
ing driven  back  from  the  tire-doors  into  the  vessel. 

Sec.  4430.  Every  boiler  shall  be])rovided  with  a  good,  well  constructed 
safety  valve  or  valves,  of  such  number,  dimeusious,  ami  arrangements 
as  shall  be  prescribed  by  the  board  of  supervising  inspectors,  and  shall 
also  be  ]U'ovided  with  a  sufticient  number  of  gauge  cocks  and  a  reliable 
low^-water  indicator  that  will  give  alarm  when  the  water  falls  below  its 
prescribed  limits ;  and  in  addition  thereto  there  shall  be  inserted,  in  a 
suitable  manner,  in  the  flues,  crown  sheet,  or  other  parts  of  the  boiler 
most  exposed  to  the  heat  of  the  furnace  when  the  water  falls  below  its 
prescribed  limits,  a  i)lug  of  good  Banca  tin. 

Sec.  4437.  Every  person  who  intentionally  loads  or  obstructs,  or 
causes  to  be  loaded  or  obstructed,  in  any  way  or  manner,  the  safety-valve 
of  a  boiler,  or  Avho  employs  any  other  means  or  device  whereby  the 
boiler  may  be  subjected  to  a  greater  pressure  than  the  amount  allowed 
by  the  certificate  of  the  inspectors,  or  who  intentionally  deranges  or 
hinders  the  operation  of  any  machinery  or  device  employed  to  denote 
the  state  of  the  water  or  steam  in  any  boiler,  or  to  give  warning  of 
approaching  danger,  or  who  intentionally  permits  the  water  to  fall 
below  the  prescril3ed  low-water  line  of  the  boiler,  and  every  person  con- 
cerned therein,  directly  or  indirectly,  shall  be  guilty  of  a  misdemeanor, 
and  shall  be  fined  two  hundred  dollars,  and  may  also  be  imprisoned  not 
exceeding  five  years. 

Pilots  and  officers  of  steamers. 

Sec.  4438.  The  boards  of  local  inspectors  shall  license  and  classify  the 
masters,  chief  mates,  engineers,  and  pilots  of  all  steam-vessels.  It  shall 
be  unlawlul  to  employ  any  person,  or  for  any  person  to  serve  as  a  master, 
chief  mate,  engineer,  or  pilot  on  any  steamer,  who  is  not  licensed  by  the 
inspectors;  and  any  one  violating  this  section  shall  be  liable  to  a  penalty 
of  one  hundred  dollars  for  each  offense. 

Sec.  4439.  Whenever  any  person  applies  to  be  licensed  as  master  of  a 
steam-vessel,  the  inspector  shall  make  diligent  inquiry  as  to  his  charac- 
ter, and  shall  carefully  examinethe  applicant,  as  well  as  the  proofs  which 
he  presents  in  support  of  his  claim,  and  if  they  are  satisfied  that  his 
capacity,  experience,  habits  of  life,  and  character  are  such  as  to  warrant 
the  belief  that  he  can  be  safely  intrusted  with  the  duties  and  responsi- 
bilities of  the  station  tor  which  he  makes  apidication,  they  shall  grant 
him  a  license  authorizing  him  to  discharge  such  duties  on  any  such  ves- 
sel for  the  term  of  one  year ;  but  such  license  shall  be  suspended  or  re- 
voked, upon  satisfactory^  proof  of  bad  conduct,  intemperate  habits,  in- 
capacity, inattention  to  his  duties,  or  the  willful  violation  of  any  pro- 
vision of  this  Title. 

Sec.  4440.  Whenever  any  person  applies  for  authority  to  be  employed 
as  chief  mate  of  si  cam  vessels,  the  inspector[sj*  shall  require  satisfac- 
tory evidence  of  the  knowledge,  exi)erience,  and  skill  of  the  applicant 
in  lading  cargo,  and  in  handling  and  stowage  of  freight,  and  shall  ex- 
amine him  as  to  his  knowledge  and  ability  in  navigation  and  managing 
such  vessels,  and  all  other  duties  pertaining  to  his  station;  and  if  satis- 
fied of  his  qualifications  and  good  character,  they  shall  grant  him  a 

*  See  act  last  cited,  sees.  IG  and  17. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  9T 

license,  autlioriziiiff  liim  to  perform  sucli  duties  for  the  term  of  one  year;^ 
but  such  license  shall  be  susi)ended  or  revoked  upon  satisfactory  proof 
of  bad  conduct,  intemperate  habits,  unskillfulness,  or  want  of  knowl- 
edge of  the  duties  of  his  station,  or  the  willful  violation  of  any  provis- 
ion of  this  Title. 

Sec.  4411.  Whenever  any  person  applies  forautliority  to  perforin  the 
duties  of  en^-iueer  of  any  steam-vessel,  the  iuspector[s]*  shall  examine 
the  applicant  as  to  his  knowledge  of  steam-machinery,  and  his  experience 
as  an  engineer,  and  also  the  proofs  which  he  produces  in  support  of  his- 
claim;  and  if,  upon  full  consideratiou,  they  are  satislied  that  his  char-^ 
acter,  habits  of  life,  knowledge,  and  experience  in  the  duties  of  an  en- 
gineer are  all  such  as  to  authorize  the  belief  that  he  is  a  suitable  and 
safe  person  to  be  intrusted  with  the  powers  and  duties  of  such  a  station, 
they  shall  grant  him  a  license,  authorizing  him  to  be  employed  in  such 
duties  for  the  term  of  one  year,  in  which  they  shall  assign  him  to  the- 
appropriate  class  of  engineers ;  but  such  license  shall  be  suspended  or 
revoked  upon  satisfactory  proof  of  negligence,  unskillfulness,  intemper- 
ance, or  the  willful  violation  of  any  provision  of  this  Title.  Whenever 
complaint  is  made  again  any  engineer  holding  a  license  authorizing  him 
to  take  charge  of  the  boilers  and  machinery  of  any  steamer,  that  he  has, 
through  negligence  or  want  of  skill,  permitted  the  boilers  in  his  charge 
to  burn  or  otherwise  become  in  bad  condition,  or  that  he  has  not  kept 
his  engine  and  machinery  in  good  working  order,  it  shall  be  the  duty  of 
the  insi)ectors,  ui)on  satisfactory  proof  of  such  negligence  or  want  of 
skill,  to  revoke  the  license  of  such  engineer  and  assign  him  to  a  lower 
grade  or  class  of  engineers,  if  they  find  him  fitted  therefor. 

t  Sec.  4442.  Whenever  any  person  claiming  to  be  a  skillful  ]>ilot  of 
steam-vessels  otters  himself  for  a  license,  the  inspectors  shall  make 
diligent  inquiry  as  to  his  character  and  merits,  and  if  satisfied,  from 
personal  examination  of  the  applicant,  with  the  proof  that  he  offers  that 
he  ])ossesses  the  requisite  knowledge  and  skill,  and  is  trustworthy  and 
faithful,  they  shall  giant  him  a  license  for  the  term  of  one  year  to  pilot 
any  such  vessel  within  the  limits  i)rescribed  in  the  license;  but  such 
license  shall  be  suspended  or  revoked  upon  satisfactory  evidence  of 
negligence,  unskillfulness,  inattention  to  the  duties  of  his  station,  or 
intemperance,  or  the  willful  violation  of  any  ])rovision  of  this  Title.- 

Sec.  4443.  Where  the  master  or  mate  is  also  pilot  of  the  vessel,  he 
shall  not  be  required  to  hold  two  licenses  to  perform  such  duties,  but 
the  license  issued  shall  state  on  its  face  that  he  is  authorized  to  act  in 
such  double  capacity. 

Sec.  4444.  No  State  or  municipal  government  shall  impose  upon  pilots 
of  steam- vessels  any  obligation  to  procure  a  State  or  other  license  in  ad- 
dition to  that  issued  by  the  United  States,  or  any  other  regulation 
which  will  i:i,pede  such  pilots  in  the  performance  of  the  duties  required 
by  this  Title  ;  nor  shall  any  pilot  charges  be  levied  by  any  such  author- 
ity upon  any  steamer  j)iloted  as  provided  by  this  Title  ;  and  in  no  case 
shall  the  fees  charged  for  the  pilotage  of  any  steam-vessel  exceed  the 
customary  or  legally  established  rates  in  the  State  where  the  same  is 
performed.  Nothing  in  this  Title  shall  be  construed  to  annul  or  affect 
any  regulation  estalWished  by  the  laws  of  any  State,  requiring  vessels 
entering  or  leaving  a  port  in  any  such  State,  other  than  coastwise  steam- 
vessels,  to  take  a  pilot  duly  licensed  or  authorized  by  the  laws  of  such 
State,  or  of  a  State  situate  upon  the  waters  of  such  State. 

*  See  act  last  cited,  .sees.  16  au<l  17. 
t  See  Pilot  Laws,  page  102,  sections  4235,  4236,  auci  4237. 

H.  Mis.  391 7 


98  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Sec.  4445.  Every  master,  cliief  mate,  ciigiueer,  and  pilot,  wbo  receives 
•a  license,  shall,  before  entering  upon  bis  duties,  make  oatb  before  one 
of  the  inspectors  herein  provided  for,  to  be  recorded  with  the  certificate, 
that  he  will  faithfully  and  honestly,  according  to  his  best  skill  and  judg- 
ment, without  concealment  or  reservation,  perform  all  the  duties  required 
of  him  by  law. 

Sec.  4446.  Every  master,  mate,  engineer,  and  pilot  who  shall  receive 
a  license  shall,  when  employed  upon  any  vessel,  place  his  certificate  of 
'license,  which  shall  be  framed  under  glass,  in  some  conspicuous  place 
du  such  vessel,  where  it  can  be  seen  by  passengers  and  others  at  all  times; 
and  for  every  neglect  to  comply  with  this  provision  by  any  such  master, 
•laiate,  engineer,  or  pilot,  he  shall  be  subject  to  a  fine  of  one  hundred  dol- 
'lars,  or  to  the  revocation  of  his  license. 

Sec.  4447.  When  any  licensed  officer  is  employed  on  a  steamer  in  a 
district  distant  from  any  local  board  of  inspectors,  such  inspectors,  or 
the  supervising  inspector  of  the  district,  may  grant  a  renewal  of  his 
license,  without  such  licensed  officer  being  i)ersonally  present,  under 
such  regulations  as  the  board  of  supervising  inspectors  shall  prescribe. 

Sec.  4448.  All  officers  licensed  under  the  provisions  of  this  Title  shall 
assist  the  inspectors  in  their  examination  of  any  vessel  to  which  such 
licensed  oflScers  belong,  and  shall  point  out  all  defects  and  imperfections 
known  to  them  in  the  hull,  equipments,  boilers,  or  machinery  of  such 
Tessel,  and  also  shall  make  known  to  the  inspectors,  at  the  earliest  op- 
portunity, all  accidents  or  occurrences  producing  serious  injury  to  the 
vessel,  her  boilers,  or  machinery;  and  in  default  thereof  the  license  of 
any  such  officer  so  neglecting  or  refusing  shall  be  revoked. 

Sec.  4449.  If  any  licensed  officer  shall,  to  the  hinderance  of  commerce, 
wrongfully  or  unreasonably  refuse  to  serve  in  his  official  capacity  on  any 
steamer,  as  authorized  by  the  terms  of  his  certificate  of  license,  or  shall 
fail  to  deliver  to  the  applicant  for  such  service  at  the  time  of  such  re- 
fusal, if  the  same  shall  be  demanded,  a  statement  in  writing  assigning 
good  and  sufficient  reasons  therefor,  or  if  any  pilot  or  engineer  shall  re- 
fuse to  admit  into  the  pilot-house  or  engine  room  any  person  whom  the 
master  or  owner  of  the  vessel  may  desire  to  place  there  for  the  purpose 
of  learning  the  profession,  his  license  shall  be  revoked,  upon  the  same 
proceedings  as  are  provided  in  other  cases  of  revocation  of  such  licenses. 

Sec.  4450.  The  local  boards  of  inspectors  shall  investigate  all  acts  of 
incompetency  or  misconduct  committed  by  any  licensed  officer  while 
acting  under  the  authority  of  his  license,  and  shall  have  power  to  summon 
before  them  any  witnesses  within  their  respective  districts,  and  compel 
their  attendance  by  a  similar  process  as  in  the  United  States  circuit  or 
district  courts;  and  they  may  administer  all  necessary  oaths  to  any 
witnesses  thus  summoned  before  them  ;  and  after  reasonable  notice  in 
writing,  given  to  the  alleged  delinquent,  of  the  time  and  place  of  such 
investigation,  such  witnesses  shall  be  examiued,  under  oath,  touching 
the  performance  of  his  duties  by  any  such  licensed  officer;  and  if  the 
board  shall  be  satisfied  that  such  licensed  officer  is  incompetent,  or  has 
been  guilty  of  misbehavior,  negligence,  or  uuskillfuluess,  or  has  endan- 
gered life,  or  willfully  violated  any  provision  of  this  Title,  they  shall 
immediately  suspend  or  revoke  his  license. 

*  Sec.  4451.  The  chief  officer  of  the  customs  for  the  district  shall  pay 
out  of  the  revenues  received  under  the  provisions  of  this  Title  such  fees 
to  the  United  States  marshal  for  his  services,  and  to  any  witness,  so 
summoned,  for  his  actual  travel  and  attendance,  as  shall  be  officially 
certified  to  by  any  inspector  hearing  the  case,  upon  the  back  of  such 

•  See  sees.  829  and  848. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES,  09 

suaimons,  not  exceeding  the  rate  allowed  for  fees  and  to  witnesses  for 
travel  and  attendance  in  any  circuit  or  district  courts  of  the  United 
States, 

Sec,  4452.  Whenever  any  board  of  local  inspectors  refuses  to  grant 
a  license  to  any  person  applying  for  the  same,  or  suspends  or  revokes 
the  license  of  any  master,  mate,  engineer,  or  pilot,  any  person  deeming 
himself  wronged  by  such  refusal,  suspension,  or  revocation,  may,  within 
thirty  days  thereof,  on  application  to  the  supervising  inspector  of  the 
district,  have  his  case  examined  anew  by  such  supervising  inspector; 
and  the  local  board  shall  furnish  to  the  supervising  inspector,  in  writing, 
the  reasons  for  its  doings  in  the  premises;  and  such  supervising  in- 
spector shall  examine  tlie  case  anew,  and  he  shall  have  the  same  powers 
to  summon  witnesses  and  compel  their  attendance,  and  to  administer 
oaths,  that  are  conferred  on  local  inspectors;  and  such  witnesses  and 
the  marshal  shall  be  i)aid  in  the  same  manner  as  provided  for  by  the 
preceding  section  ;  and  such  supervising  inspector  may  revoke,  change, 
or  modify  tlie  decision  of  such  local  board ;  and  like  proceedings  may 
be  had  by  any  master  or  owner  of  any  steam-vessel  in  relation  to  the 
inspection  of  such  vessel,  or  her  boilers  or  machinery,  by  any  such  local 
board ;  and  in  case  of  repairs,  and  in  any  investigation  or  inspection, 
where  there  shall  be  a  disagreement  between  the  local  inspectors,  the 
supervising  inspector,  when  so  requested,  shall  investigate  and  decide 
the  case. 

Sec.  4453.  In  addition  to  the  annual  inspection,  the  local  inspectors 
shall  examine,  at  proper  times,  steamers  arriving  and  departing  to  and 
from  their  respective  ports,  so  often  as  to  enable  them  to  detect  any 
neglect  to  comply  with  the  requirements  of  law,  and  also  any  defects 
or  imperfections  becoming  apparent  after  the  inspection  aforesaid,  and 
tending  to  render  the  navigation  of  the  vessels  nnr.afe;  and  if  they 
shall  discover  any  omission  to  comply  with  the  law,  or  that  repairs 
have  become  necessary  to  make  the  vessel  safe,  the  inspectors  shall  at 
once  notify  the  niaster,'in  writing, stating  in  the  notice  what  is  required; 
and  if  the  master  deems  the  requirements  unreasonable  or  unnecessary, 
he  may  apply  for  a  re-examination  of  the  case  to  the  supervising  in- 
spector, as  provided  in  the  preceding  section.  All  inspections  and 
orders  for  repairs  shall  be  promptly  made  by  the  inspectors,  and,  when 
it  can  be  safely  done  in  their  judgment,  they  shall  permit  repairs  to  be 
made  where  those  interested  can  most  conveniently  do  them. 

Sec.  4454.  If  any  master  or  owner  of  any  steamer  shall  refuse  or 
neglect  to  comply  with  the  requirements  of  the  local  inspectors,  made 
in  pursuance  of  the  prt^M^ding  section,  and  shall,  contrary  thereto  and 
while  the  same  riMuains  unreversed  by  the  supervising  inspector,  employ 
the  vessel  by  navigating  her,  the  master  and  owner  shall  be  liable  to  a 
penalty  of  five  hundred  dollars  for  each  offense,  one-half  for  the  use  of 
the  informer;  for  which  sum  the  vessel  itself  shall  be  liable,  and  may 
be  seized  and  proceeded  against  by  libel  in  any  district  court  having 
jurisdiction;  and  the  master  and  owner,  aiul  the  vessel  itself,  shall,  in 
addition  thereto,  be  liable  for  any  damage  to  passengers  and  their  bag- 
gage which  shall  occur  from  any  defects  as  stated  in  the  notice  pre- 
scribed by  the  preceding  section. 

Sec.  4455.  The  inspectors  of  one  district  shall  not  modify  or  annul 
the  doings  of  the  inspectors  of  another  district  in  regard  to  repairs, 
unless  there  is  a  change  in  the  state  of  things,  demanding  more  repairs 
than  were  thought  necessary  when  the  order  was  made,  ^'^or  shall  the 
inspectors  of  one  district  license  a  person  coming  from  another  district, 
if  such  person  has  been  rejected  for  unfitness  or  want  of  qualifications. 


100  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Sec.  4450.  The  local  boards  of  inspectors,  when  so  requested  in  writ- 
iDg  by  anj'  master  or  owner,  shall,  under  the  directiou  of  the  supervis- 
ing- inspector,  inspect  steamers  in  other  collection-districts  where  uo 
such  board  is  established ;  and  if  a  certificate  of  ap]»roval  is  not  granted, 
no  other  inspection  shall  be  made  by  the  same  or  any  other  board  until 
the  objections  made  by  such  local  board  and  unreversed  by  the  super- 
vising insi)ector  of  the  district,  are  removed.  Is^othing  in  this  section 
shall  imi»air  the  right  of  the  insi)ectors  to  permit  such  vessel  to  go  to 
another  i)ort  lor  repairs,  if  in  their  opinion  it  can  be  done  with  safety. 

Sec.  4457.  The  local  inspectors  shall  keep  a  record  of  certificates  of 
inspection  of  vessels,  their  boilers,  engines,  and  machinery,  and  of  all 
their  acts  in  their  examination  and  inspection  of  steamers,  whether  of 
approval  or  disapi)roval ;  and  when  a  certificate  of  approval  is  recorded, 
the  original  shall  be  delivered  to  the  collector  or  other  chief  officer  of 
the  customs  of  the  district.  They  shall  also  keep  a  like  record  of  cer- 
tificates authorizing  gunpowder  to  be  carried  as  freight  by  any  steamer 
carrying  passengers,  and  of  all  licenses  granted  to  masters,  mates,  pilots, 
and'eugineers,  and* of  all  refusals  of  the  same,  of  all  suspensions  and 
revocations  of  license,  of  all  refusals,  suspensions,  or  revocations  of 
which  they  shall  receive  notices  from  other  districts ;  and  shall  report 
to  the  supervising  inspector  of  their  respective  districts,  in  writing, 
their  decisions  in  cases  of  refusal  of  licenses,  or  of  the  suspension  or 
revocation  thereof,  and  all  testimony  received  by  them  in  such  proceed- 
ings. They  shall  also  rei)ort  promptly  to  such  sui)ervising  inspector  all 
violations  of  the  steamboat-laws  that  come  to  their  knowledge.  They 
shall  also  keep  an  accurate  account  of  every  steamer  boarded  by  them 
during  the  year;  and  of  all  their  official  acts  and  doings,  which,  in  the 
form  of  a  report,  they  shall  communicate  to  the  supervising  inspector 
of  the  district,  at  such  times  as  the  board  of  sni)ervising  inspectors,  by 
their  established  rules,  shall  direct. 

Sec.  44.'i8.  Before  issuing  any  license  to  any  steamer,  the  collector 
or  other  chief  ofificerof  thecustoins,  for  the  port  or  district,  shall  demand 
and  receive  fiom  the  owners  thereof,  as  a  compensation  for  the  inspections 
and  examination  made  for  the  year,  the  following  sums,  in  addition  to 
the  fees  for  issuing  enrollments  and  licenses  now  allowed  by  law,  accord- 
ing to  the  tonnage  of  the  vessel:  For  each  steam- vessel  of  one  hundred 
tons  or  under,  twenty-five  dollars;  and,  in  addition  thereto,  for  each 
and  every  ton  in  excess  of  one  huudred  tons,  five  cents.  Each  master, 
chief  engineer,  and  first-class  pilot,  licensed  as  herein  provided,  shall 
pay  for  every  certificate,  granted  by  any  inspector  or  insi>ectors,  the 
sum  often  dollars;  and  every  chief  mate,  engineer,  and  pilot  of  an  in- 
ferior giade  shall  pay,  for  every  certificate  so  granted,  the  sum  of  five 
dollars.  Such  fees  shall  be  paid  over  to  the  chief  officer  of  the  customs 
in  such  nuinner  and  under  such  regulations  as  shall  be  prescribed  by 
the  Secietary  of  the  Treasury. 

Sec.  4451).^  Every  supervising  and  local  inspector  of  steamboats  shall 
execute  a  proper  bond,  to  be  ai)proved  by  the  Secretary  of  the  Treas- 
ury, in  such  form  and  upon  such  conditions  as  the  Secretary  may  pre- 
scribe, for  the  faithful  performance  of  the  duties  of  his  office,  and  the 
payment  in  the  manner  provided  by  law  of  all  moneys  that  may  be  re- 
ceived b>  him. 

Sec.  4400.  The  Secretary  of  the  Treasury  shall  procure  for  the  sev- 
eral su|»ervising  inspectors  and  local  boards  of  inspectors  such  instru-^ 
ments,  stationery,  printing,  and  other  things  necessary  for  the  use  of 
their  respective  offices  as  may  be  required  therefor. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  101 

Sec.  4401.  The  salaries  of  the  supervising  inspector-general,  of  all 
snpervising-  inspectors,  local  inspectors,  assistant  inspectors,  and  clerks, 
provided  for  by  this  Title,  together  with  their  traveling  and  other  ex- 
penses when  on  oftieial  duty,  and  all  instruments,  books,  blanks,  sta- 
tionery, furniture,  and  other  things  ne(;essary  to  carry  into  effect  the 
provisions  of  thistitU',  sliall  be  i)aiil  for,  under  the  direction  of  the  Sec- 
retary of  the  Treasury,  out  of  the  revenues  received  into  the  Treasury 
from  the  inspection  of  steam- vessels,  and  the  licensing  of  the  oihcers  of 
such  vessels,  which  revenues,  or  so  much  of  them  as  may  be  necessary 
for  these  purposes,  shall  be  permanently  ai)propriated  therefor. 

Seo.  44(52.  The  Secretary  of  the  Treasury  shall  make  such  regulations 
as  niav  be  necessary  to  secure  the  ]:)roi)er  execution  of  this  Title. 


Chap.  107.— An  act  to  authorize  tlio  employment  of  certain  aliens  as  engineers  and 

pilots. 

Be  it  enacted  by  the  Senate  and  House  of  RepreHentativeH  of  the  United 
States  of  America  in  Congress  assembled,  Thar  any  alien  who,  in  the  man- 
ner jirovided  for  by  law,  has  declared  his  intention  to  become  a  citizen 
of  the  United  States,  and  who  shall  have  been  a  permanent  resident  of 
the  United  States  for  at  least  six  months  immediately  prior  to  the  grant- 
ing of  such  license,  may  be  licensed,  as  if  already  naturalized,  to  serve 
as  an  engineer  or  pilot  upon  any  steam  vessel  subject  to  inspection  nnder 
the  ])rovisions  of  the  act  entitled  "An  act  to  provide  for  the  better  secu- 
rity of  life  on  board  of  vessels  propelled,  in  whole  or  in  part,  by  steam, 
and  tor  other  purposes,"  approved  February  twenty-eighth,  eighteen 
hundred  and  seventy-one. 

Api)ioved,  April  17,  1874. 


FEES.* 


Sec.  28.  Before  issuing  any  inspection  certiiicate'to  any  steamer  tli6 
collector  or  other  chief  otlicer  of  customs  for  the  port  or  district  shall 
demand  and  receive  from  the  owners  thereof,  as  a  compensation  for  the 
insuection  and  examinations  made  for  the  year,  the  following  sums,  in 
addition  to  the  fees  for  issuing  enrollments  and  licenses  now  allowed  by 
law,  according  to  the  tonnage  of  the  vessel:  For  eacii  steam-ves-sel  of 
one  hundred  tons  or  under,  ten  dollars;  and  for  each  and  every  ton  in 
excess  of  one  hundred  tons,  five  cents,  in  lieu  of  the  fees  now  provided 
bv  law.     (Act  of  June  20,  1884.) 


STEAM-GAUGES. 

Sec.  14.  That  section  forty-four  hundred  and  eighteen  of  the  Revised 
Statutes  is  hereby  amended  by  striking  out  from  the  nineteenth  and 
following  lines  thereof  the  words  "and,  to  indicate  the  pressure  of  steam, 
suitable  steam-registers  that  will  correctly  lecord  each  excess  of  steam 
carried  above  the  i)rescribed  limit,  and  the  highest  jtoint  attained,"  and 
inserting  in  lieu  thereof  the  following:  "ami  suitable  steam-gauges  to 
indicate  the  pressure  of  steam."     (Act  of  June  19,  1886.) 

*See  section  1  of  act  of  June  19,  lS>i6  (paj^e  40),  abolisblus  certain  fees. 


102  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 


5.— GENERAL  PILOT  LAWS.* 

Sec.  4235.  Until  further  provision  is  made  by  Congress,  all  pilots  in 
the  bays,  inlets,  rivers,  harbors,  and  ports  of  the  United  States  shall 
continue  to  be  regulated  in  conformity  with  the  existing  laws  of  the 
States  respectively  wherein  such  i)ilots  may  be,  or  with  such  laws  as 
the  States  may  respectively  enact  for  the  purpose. 

Sec.  4236.  The  master  of  any  vessel  coming  into  or  going  out  of  any 
port  situate  upon  waters  which  are  the  boundary  between  two  States, 
may  employ  any  pilot  duly  licensed  or  authorized  by  the  laws  of  either 
of  the  States  bounded  on  such  waters,  to  pilot  the  vessel  to  or  from 
such  i)ort. 

Sec.  4237.  No  regulations  or  provisions  shall  be  adopted  by  any  State 
which  shall  make  any  discriniiuatiou  in  the  rate  of  pilotage  or  half-pilot- 
age between  vessels  sailing  between  the  ports  of  one  State  and  vessels 
sailing  between  the  ports  of  different  States,  or  any  discrimination 
against  vessels  propelled  in  whole  or  in  i)art  by  steam,  or  against  national 
vessels  of  the  United  States;  and  all  existing  regulations  or  provisions 
making  any  such  discrimination  are  annulled  and  abrogated. 

*  See  sections  443^  to  444G,  iuclusive,  page  96,  for  Steamboat  Pilot  Laws. 


PART  IV 


1.  immighatiox  and  coolie  tkadk. 

2.  Guano  islands. 

3.  Timber  shipments, 

4.  Carrying  the  mails. 


1.— IMMIGRATION  AND  COOLIE  TRADE. 

(Revised  Statutes,  Title  XXIX.) 

Sec.  2158.  No  citizeu  of  tlie  United  States,  or  foreigner  coining  into 
or  residing  witbiu  tbe  same,  shall,  lor  himself  or  for  any  other  person, 
either  as  master,  factor,  owner,  or  otherwise,  build,  equip,  load,  or  other- 
wise prepare,  any  vessel,  registered,  enrolled,  or  licensed,  in  tbe  United 
States,  for  tbe  purpose  of  procuring  from  any  port  or  place  the  subjects 
of  China,  Japan,  or  of  any  other  oriental  country,  known  as  "coolies,'^ 
to  be  transported  to  any*  foreign  port,  or  place,  to  be  disposed  of,  or 
sold,  or  transferred,  for  any  time,  as  servants  or  apprentices,  or  to  be 
held  to  service  or  labor. 

Sec.  2159.  If  any  vessel,  belonging  in  whole  or  in  part  to  a  citizen  of 
the  United  States,  and  registered,  enrolled,  or  otherwise  licensed  therein, 
be  employed  in  the  "cooly  trade,"  so  called,  contrary  to  the  provisious- 
of  the  ])receding  section,  such  vessel,  her  tackle,  apparel,  fnrnitnre.and 
other  appurtenances,  shall  be  forfeited  to  the  United  States,  and  shalL 
be  liable  to  be  seized,  prosecuted,  and  condemned  in  any  of  the  circuit 
courts  or  district  courts  of  the  United  States  for  the  district  where  the- 
vessel  may  be  found,  vseized,  or  carried. 

Sec.  2100.  Every  person  who  so  builds,  fits  out,  equips,  loads,  or- 
otherwise  ])repares,  or  who  sends  to  sea,  or  navigates,  as  owner,  master,, 
factor,  agent,  or  otherwise,  any  vessel,  belonging  in  whole  or  in  part  to- 
a  citizen  of  the  United  States,\)r  registered, enrolled,  or  licensed  within, 
the  satne,  knowing  or  intending  that  such  vessel  is  to  be  or  may  be  em- 
ployed in  that  trade,  contrary  to  the  provisions  of  section  twenty-one 
hundred  and  fifty  eight,  shall  be  liable  to  a  fine  not  exceeding  two  thou- 
sand dollars,  and  be  imprisoned  not  exceeding  one  year. 

Sec.  21GL  Every  citizen  of  tbe  Ignited  StJitcs  who,  contrary  to  the- 
provisions  of  section  twenty-one  hundred  and  fifty  eight,  takes  on  board 
of  any  ves.sd,  or  receives  or  transports  any  such  subjects  as  are  de- 
scribed  in  that  section,  for  tlie  i)urpose  of  disposing  of  them  in  anyway 
as  therein  prohibited,  shall  be  liable  to  a  fine  not  exceeding  two  thou- 
sand dollars  and  Vie  imprisoned  not  exceeding  one  yeai-. 

Sec.  21G2.  Nothing  herein  contained  shall  be  deemed  to  apply  to  any 
volnntary  emigration  of  the  subjects  specified  in  section  twenty-onehuu- 
dred  and  fifty-eight,  or  to  any  vessel  carrying  such  person  as  passenger 

103 


104  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

on  board  the  siuiie,  but  a  certificate  shall  be  prepared  and  si{?ned  by  the 
consul  or  consular  ag'ent  of  the  United  States  residing  at  the  port  from 
which  such  vessel  may  take  her  de])nrtnre,  containing  the  name  of  such 
person,  and  setting  forth  the  fact  of  his  voluntary  emigration  ft-om  suck 
port,  which  certificate  shall  be  given  to  the  master  of  such  vessel;  and 
the  same  shall  not  be  given  until  such  consul  or  consular  agent  is  first 
personally  satisfied  by  evidence  of  the  truth  of  the  facts  therein  con- 
tained. 

Sec.  21G3.  The  President  is  empowered,  in  such  way  and  at  such  time 
as  he  may  judge  proper,  to  direct  the  vessels  of  the  IJnited  States,  and 
the  masters  and  comaianders  thereof,  to  examine  all  vessels  navigated 
or  owned  in  whole  or  in  part  by  citizens  of  the  United  States,  and  reg- 
istered, enrolled,  or  licensed  under  the  laws  thereof,  whenever,  in  the 
judgment  of  such  master  or  commanding  oflflcer,  reasonable  cause  exists 
to  believe  that  such  vessel  has  on  board  any  subjects  of  China,  Japan, 
or  other  oriental  country,  known  as  "coolies;"  and,  upon  suflicient 
proof  that  such  vessel  is  employed  in  violation  of  the  preceding  pro- 
visions, to  cause  her  to  be  carried,  with  her  officers  and  crew,  into  any 
port  or  district  within  the  United  States,  aiid  delivered  to  the  marshal 
of  such  district,  to  be  held  and  disposed  of  according  to  law. 

Sec.  21G4.  No  tax  or  charge  shall  be  imposed  or  enforced  by  any 
State  upon  any  person  immigrating  thereto  from  a  foreign  country, 
which  is  not  equally  imposed  and  enforced  upon  every  person  immigrat- 
ing to  such  State  from  auy  other  foreign  country. 


CHINESE   LABOREKS. 

Be  it  enacted  hy  the  Senate  and  House  of  Represcntativefi  of  the  United 
States  of  America  in  Congress  assembled^  That  from  and  after  the  expira- 
tion of  ninety  days  next  after  the  passage  of  this  act,  and  until  the 
expiration  of  ten  5  ears  next  after  the  passage  of  this  act,  the  coming  of 
Chinese  laborers  to  tiie  United  States  be,  and  the  same  is  hereby,  sus- 
pended ;  and  during  such  sus])ension  it  shall  not  be  lawful  for  any  Chi- 
nese laborer  to  come,  or,  having  so  come  after  the  expiration  of  said 
Dinety  davs,  to  remain  within  the  United  States. 

Sec.  2.  That  the  master  of  any  vessel  who  shall  knowingly  bring 
within  the  United  States  on  such  vessel,  and  land  or  permit  to  be  landed, 
any  Chinese  laborer,  fiom  any  foreign  port  oi'  ])lace,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  punished 
by  a  fine  of  not  more  than  five  hundred  dollars  for  each  and  every  such 
Chinese  laboier  so  brought,  and  may  be  also  imprisoned  for  a  term  not 
exceeding  one  year. 

Skc.  ?y.  That  the  two  foregoing  sections  shall  not  ajiply  to  Chinese 
laborers  who  were  in  the  United  States  on  the  seventeenth  day  of  Xo- 
vembei,  eighteen  hundred  and  eighty,  or  who  shall  have  come  into  the 
same  before  the  ex])ii-ation  of  ninety  days  next  after  the  passage  of  this 
act,  and  who  shall  pro<luce  to  such  master  before  going  on  board  such 
vessel,  and  shall  produce  to  the  collector  of  the  port  in  the  United  States 
at  which  such  vessel  shall  arrive,  the  evidence  hereinafter  in  this  act 
required  of  his  being  one  of  the  laborers  in  this  section  mentioned;  nor 
shall  the  two  foregoing  sections  ai>])ly  to  the  case  of  any  master  whose 
vessel,  being  bound  to  a  i)ort  not  within  the  United  States,  shall  come 
-within  the  jurisdiction  of  the  United  States  by  reason  of  being  in  dis- 
tress or  in  stiess  of  weather,  or  touching  at  any  port  of  the  United 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       105 

States  on  its  voyajie  to  any  foreign  port  or  place:  Provhlcd,  That  all 
Chinese  laborers  brought  on  such  vessel  shall  depart  with  the  vessel 
on  leaving  ]»()rt. 

Sec.  4.  That  for  the  purpose  of  properly  identifying  Chinese  laborers 
who  were  in  the  United  States  on  the  seventeenth  day  of  November, 
eighteen  hundred  and  eighty,  or  who  shall  have  come  into  the  same 
before  the  expiration  of  ninety  days  next  after  the  passage  of  this  act, 
and  in  order  to  furnish  them  with  the  pro])er  evidence  of  their  riglit  to 
go  from  and  come  to  the  United  States  of  their  free  will  and  accord,  as 
provided  by  the  treaty  between  the  United  States  and  China  dated 
JS^ovember  seventeenth,  eighteen  hundred  and  eighty,  the  collector  of 
customs  of  the  district  from  which  any  such  Chinese  laborer  shall  dei)art 
from  the  United  States  shall,  in  person  or  by  deputy,  go  on  board  each 
vessel  having  on  board  any  such  Chinese  laborer  and  cleared  or  about 
to  sail  from  his  district  for  a  foreign  port,  and  on  such  vessel  make  a  list 
of  all  such  Chinese  laborers,  which  shall  be  entered  in  registry-books  to 
be  kept  for  that  puri)ose,  in  which  shall  be  stated  the  name,  age,  occu- 
pation, last  place  of  residence,  physical  marks  or  peculiarities,  and  all 
facts  necessary  for  the  id(mtification  of  each  of  such  Chinese  laborers, 
which  books  shall  be  safely  kept  in  the  custom-house ;  and  every  such 
Chinese  laborer  so  departing  from  the  United  States  shall  be  entitled 
to,  and  shall  receive,  free  of  any  charge  or  cost  upon  application  there- 
for, from  the  collector  or  his  deputy,  at  the  time  such  list  is  taken,  a 
certificate,  signed  by  the  collector  or  his  deputy  and  attested  by  his  seal 
of  office,  in  such  form  as  the  Secretary  of  the  Treasury  shall  prescribe, 
which  certificate  shall  contain  a  statement  of  the  name,  age,  occupation, 
last  place  of  residence,  personal  description,  and  facts  of  identification 
of  the  Chinese  laborer  to  whom  the  certificate  is  issued,  corresponding 
with  the  said  list  and  registry  in  all  particulars.  In  case  any  Chinese 
laborer  after  having  received  such  certificate  shall  leave  such  vessel 
before  her  departure  he  shall  deliver  his  certificate  to  the  master  of  the 
vessel,  and  if  such  Chinese  laborer  shall  fail  to  return  to  such  vessel  be- 
fore her  departure  from  port  the  certificate  shall  be  delivered  by  the 
master  to  the  collector  of  customs  for  cancellation.  The  certificate 
herein  ])rovided  for  shall  entitle  the  Chinese  laborer  to  whom  the  same 
is  issue<l  to  return  to  and  re-enter  the  United  States  upon  producing  and 
delivering  the  same  to  the  collector  of  customs  of  the  district  at  which 
such  Chinese  laborer  sliall  seek  to  re-enter;  and  upon  delivery  of  such 
certificate  by  such  Chinese  laborer  to  the  collector  of  customs  at  the  time 
of  re-entry  in  the  United  States, said  collector  shall  cause  the  same  to 
be  tiled  in  the  custom-house  and  duly  canceled. 

Sec.  5.  That  any  Chinese  laborer  mentioned  in  section  four  of  this  act 
being  in  theT^nited  States,  and  desiring  to  depart  from  the  United  States 
by  land,  shall  have  the  right  to  demand  and  receive,  free  of  charge  or 
cost,  a  certificate  of  identification  similar  to  that  ])rovided  for  in  section 
four  of  this  act  to  be  issued  to  such  Chinese  hiborers  as  may  desire  to 
leave  the  United  States  by  water;  and  it  is  hereby  made  the  duty  of  the 
collector  of  customs  of  the  district  next  adjoining  the  foreign  country  to 
which  said  Chinese  laborer  desires  to  go  to  issue  such  certificate,  free  of 
charge  or  cost,  ujjon  ap])lication  by  such  Chinese  laborer,  and  to  enter 
the  same  upon  registry-books  to  be  kept  by  him  for  the  purpose,  as  pro- 
vided for  in  section  four  of  this  act. 

Skc.  (5.  That  in  order  to  the  faithful  execution  of  articles  one  and  two 
of  the  treaty  in  this  act  bef(»re  nuMitioned,  every  Chinese  person  other 
than  a  laborer  who  n)ay  be  entitled  by  said  treaty  and  this  act  to  come 
within  the  United  States,  and  who  shall  be  about  to  come  to  the  United 


106       NAVIGATIOX  LAWS  OF  THE  UNITED  STATES. 

States,  sliall  he  identified  as  so  entitled  by  the  Cbinese  Government  iu 
each  ease,  such  identity  to  be  evidenced  by  a  certificate  issued  under 
the  authority  of  sai<l  jiovernnient,  whicli  certificate  shall  be  in  the  En- 
glish langua<;e  or  (if  not  iu  the  English  language)  accompanied  by  a 
translation  into  English,  stating  such  right  to  come,  and  which  certifi- 
cate shall  state  the  nan)e,  title,  or  official  rank,  if  any,  the  age,  height, 
and  all  i)hysical  peculiarities,  former  and  present  occupation  or  profes- 
sion, and  place  of  residence  in  China  of  the  person  to  whom  the  certifi- 
cate is  issued  and  that  such  person  is  entitled  conformably  to  the  treaty 
in  this  act  mentioned  to  come  within  the  United  States.  Such  certifi- 
cate shall  be  primafacie  evidence  of  the  fact  set  forth  therein,  and  shall 
be  i)ioduced  to  the  collector  of  customs,  or  his  deputy,  of  the  port  in  the 
district  in  the  United  States  at  which  the  person  named  therein  shall 
arrive. 

Sec.  7.  That  any  person  who  shall  knowingly  and  fi^lsely  alter  or  sub- 
stitute any  naine  for  the  name  written  in  such  certificate  or  forge  any 
such  certificate,  or  knowingly  utter  any  forged  or  fraudulent  certificate, 
or  falsely  i)ersonate  any  person  named  iu  any  such  certificate,  shall  be 
deemed  guilty  of  a  misdemeanor;  and  upon  conviction  thereof  shall  be 
fined  in  a  sum  not  exceeding  one  thousand  dollars,  and  imprisoned  in  a 
penitentiary  for  a  term  of  not  more  than  five  years. 

Sec.  8.  Thatthe  masterof  any  vessel  arrivinginthe  United  States  from 
any  foreign  port  or  place  shall,  at  the  same  time  he  delivers  a  manifest  of 
the  cargo,  and  if  there  be  no  cargo,  then  at  the  time  of  making  a  report 
of  the  entry  of  the  vessel  pursuant  to  law,  in  addition  to  the  other  mat- 
ter required  to  be  reported,  and  before  landing,  or  ])ermitting  to  land, 
any  Chinese  passengers,  deliver  and  report  to  the  collector  of  customs 
of  the  district  in  which  such  vessels  shall  have  arrived  a  separate  list 
of  all  Chinese  passengers  taken  on  board  his  vessel  at  any  foreign  port 
or  place,  and  all  such  i)asseugers  on  board  the  vessel  at  that  time.  Such 
list  shall  show^  the  names  of  such  passengers  (and  if  accredited  officers 
of  the  Chinese  Government  traveling  on  the  business  of  that  govern- 
ment, or  their  servants,  with  a  note  of  such  facts),  and  the  names  aud 
other  particulars,  as  shown  by  their  respective  certificates  ;  and  such 
list  shall  be  sworn  to  by  the  master  in  the  manner  required  by  law  in 
relation  to  the  manifest  of  the  cargo.  Any  willful  refusal  or  neglect  of 
any  such  master  to  comply  with  tlie  provisions  of  this  section  shall  in- 
cur the  same  penalties  and  forfeiture  as  are  provided  for  a  refusal  or 
neglect  to  report  and  deliver  a  manifest  of  the  cargo. 

Sec.  9.  That  before  any  Chinese  passengers  are  lauded  from  any  such 
vessel,  the  collector,  or  his  deputy,  shall  proceed  to  examine  such  pas- 
sengers, (jomparing  the  certificates  with  the  list  and  with  the  passengers; 
aud  no  passenger  shall  be  allowed  to  land  in  the  United  States  from 
such  vessel  in  violation  of  law. 

Sec.  10.  That  every  vessel  whose  master  shall  knowingly  violate  any 
of  the  provisions  of  this  act  shall  be  deemed  forfeited  to  the  United 
States,  and  shall  be  liable  to  seizure  and  condemnation  in  any  district 
of  the  United  States  into  which  such  vessel  may  enter  or  iu  which  she 
may  be  found. 

Sec.  11.  That  any  person  who  shall  knowingly  bring  into  or  cause  to 
be  brought  into  the  (jiiite<l  States  by  land,  or  who  shall  knowingly  aid 
or  abet  the  same,  or  aid  or  abet  the  landing  in  the  United  States  from 
any  vessel  of  any  Chinese  })ers()n  not  lawfully  entitled  to  enter  the 
United  States,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  on 
conviction  thereof,  be  fined  in  a  sum  not  exceeding  one  thousand  dollars, 
aud  imprisoned  for  a  term  not  exceeding  one  year. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  107 

Sec,  12.  That  no  Chinese  person  shall  be  permitted  to  enter  the  United 
States  by  land  without  producing  to  the  i)roper  otiicer  of  customs  the 
certiticate  in  this  act  required  of  Chinese  ])ersous  seeking  to  land  from 
a  vessel.  And  any  Chinese  person  fouml  unlawfully  within  the  United 
States  shall  be  caused  to  be  removed  therefrom  to  the  country  from 
Avhence  he  came,  by  direction  of  the  President  of  the  United  States, 
and  at  the  cost  of  the  United  States,  after  being  brought  before  some 
justice,  judge,  or  commivssioner  of  a  court  of  the  United  States  and 
found  to  be  one  not  lawfully  entitled  to  be  or  remain  in  the  United 
States. 

Sec.  13.  That  this  act  shall  not  apply  to  diplomatic  and  other  officers 
of  the  Chinese  Government  traveling  upon  the  business  of  that  govern- 
ment, whose  credentials  shall  be  taken  as  equivalent  to  the  certificate 
in  this  act  mentioned,  and  shall  exempt  them  and  their  body  and  house- 
hold servants  from  the  provisions  of  this  act  as  to  other  Chinese  i)ersons. 

Sec.  14.  That  hereafter  no  State  court  or  court  of  the  United  States 
shall  admit  Chinese  to  citizenship;  and  all  laws  in  conflict  with  this  act 
are  hereby  repealed. 

Sec.  15.  That  the  words  "  Chinese  laborers",  wherever  used  in  this 
act,  shall  be  construed  to  mean  both  skilled  and  unskilled  laborers  and 
Chinese  employed  in  niining. 

Api)roved,  May  6,  1882. 


Chap.  '220. — An  act  to  amend  an  act  entitled  "An  act  to  execute  certain  treaty 
stipulations  relating  to  Chinese  approved  May  aixth  eigbteeu  hundred  and  eighty- 
two.'' 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  Ajnerica  In  Congress  assembled,  That  section  one  of  the  act  en- 
titled "An  act  to  execute  certain  treaty  stijuilations  relating  to  Chinese" 
approved  May  sixth  eighteen  hundred  and  eighty-two,  is  hereby  an-.euded 
so  as  to  read  as  follows  : 

Whereas  in  the  opinion  of  the  Government  of  the  United  States  the 
coming  of  Chinese  laborers  to  this  country  endangers  the  good  order  of 
certain  localities  within  the  territory  thereof  f  Therefore 

"i)e  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America'in  Congress  assembled,  That  from  and  after  the  i)assage 
of  this  act,  and  until  the  expiration  of  ten  years  next  after  the  i)assage 
of  this  act,  the  coming  of  Chinese  laborers  to  the  United  States  be,  and 
the  same  is  hereby,  suspended,  and  during  such  suspension  it  shall  not 
be  lawful  for  any  Chinese  laborer  to  come  from  any  foreign  port  or  place, 
or  having  so  come  to  ren)ain  within  the  United  States," 

Section  two  of  said  act  is  hereby  amend  so  as  to  read  as  follows: 

"Sec.  2.  That  the  master  of  any  vessel  who  shall  knowingly  bring 
within  the  United  States  on  such  vessel,  and  land,  or  attempt  to  land, 
or  ])ermit  to  be  landed  any  Chinese  laborer,  from  any  foreign  jmrt  or 
place,  shall  be  deenunl  guilty  of  a  misdemeanor,  and,  on  conviction 
thereof,  shall  be  i)unished  by  a  tine  of  not  more  than  tive  hur.dnd  dol- 
lars for  eacli  and  evry  su(;h  Chinese  laborer  so  brought,  and  uuiy  also 
be  imprisoned  fV»i'  a  term  not  exceeding  one  year." 

Section  three  of  said  act  is  hereby  amended  so  as  to  read  as  follows: 

Sec  3.  That  the  two  foregoing  sections  shall  not  apply  to  Chinese 
laborers  who  were  in  the  United  States  on  the  seventeenth  day  of  Xo- 
vember,  eighteen  hundred  and  eighty,  or  who  shall  have  come  into  the 
same  before  the  expiration  of  ninety  days  next  after  the  passage  of  the 


108  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

act  to  which  this  act  is  amendatory,  nor  shall  said  sections  apply  to 
Chinese  laborers,  who  shall  prodnce  to  such  master  before  going  on 
board  such  vessel,  ;ind  shall  produce  to  the  collector  of  the  i)ort  in  the 
United  States  at  which  such  vessel  shall  arrive,  the  evidence  hereinafter 
in  this  act  re<|uired  of  his  being  one  of  the  laborers  in  this  section  men- 
tioned;  nor  shall  the  two  foregoing  sections  aj)ply  to  the  case  of  any 
master  whose  vessel,  being"  bound  to  a  port  not  within  the  United  States, 
shall  come  within  the  jurisdiction  of  the  United  States  by  reason  of 
being  in  distress  or  in  stress  of  weather,  or  touching  at  any  port  of  the 
United  States  on  its  voyage  to  any  foreign  i)ort  or  j»lace:  Provided: 
That  all  Chinese  laborers  brought  on  such  \essel  shall  not  be  permitted 
to  land  except  in  case  of  absolute  necessity,  and  must  depart  with  the 
vessel  on  leaving  port." 

Section  four  of  said  act  is  hereby  amended  so'as  to  read  as  follows  : 
"  Seo  4.  That  for  the  purpose  of  ])roperly  identifying  Chinese  la- 
borers who  were  in  the  United  States  on  the  seventeenth  <lay  of  Xo- 
vember,  eighteen  hundred  and  eighty,  or  who  shall  have  come  into  the 
same  before  the  exi)iration  of  ninety  days  next  after  the  passage  of 
the  act  to  which  this  act  is  amendatory,  and  in  order  to  furnish  them 
with  the  proper  evidence  of  their  right  to  go  from  and  come  to  the 
United  States  as  provided  by  the  said  act  and  the  treaty  between  the 
United  States  and  China  dated  November  seventeenth,  eighteen  hun- 
dred and  eighty,  the  collector  of  customs  of  the  district  from  which  any 
such  Chinese  laborer  shall  depart  from  the  United  States  shall,  in  per- 
son or  by  deputy,  go  on  board  each  vessel  having  on  board  any  such 
Chinese  laborer,  and  cleared  or  about  to  sail  from  his  district  tor  a  for- 
eijiU  port,  and  on  such  vessel  make  a  list  of  all  such  Chinese  laborers, 
which  shall  be  entered  in  registry-books,  to  be  kept  for  thati)urpose  in 
which  shall  be  stated  the  individual,  family,  and  tribal  name  in  full,  the 
age,  occupation,  when  and  where  followed,  last  place  of  residence, 
physical  marks  or  peculiarities,  and  all  facts  necessary  for  the  identiti- 
cation  of  each  of  such  Chinese  laborers,  which  books  shall  be  safely 
kept  in  the  custom-house;  and  evry  such  Chinese  laborer  so  departing 
from  the  United  States  shall  be  entitled  to  and  shall  receive,  free  of  any 
charge  or  cost  u})on  application  therefor,  from  the  collector  or  his  dep- 
uty, in  the  name  of  said  collector  and  attested  by  said  collector's  seal 
of  office,  at  the  time  such  list  is  taken,  a  certificate,  signed  by  the  col- 
lector or  his  deputy  and  attested  by  his  seal  of  office,  in  such  form  as 
the  Secretary'  of  the  Treasury  shall  prescribe,  which  certiftcate  shall 
contain  a  statement  of  the  individual,  faniily.  and  tribal  name  in  full, 
age,  occupation,  when  and  where  followed,  of  the  Chinese  laborer  to 
whom  the  certificate  is  issued,  corresponding  with  the  said  list  and  reg- 
istry in  all  j)articulars.  In  case  any  Chinese  laborer,  after  having  re- 
ceived such  certificate,  shall  leave  such  vessel  before  her  dei)arture,  he 
shall  deliver  his  certificate  to  the  master  of  the  vessel;  and  if  such 
Chinese  laborer  shall  fail  to  return  to  such  vessel  before  her  departure 
from  i)ort,  the  certificate  shall  be  delivered  by  the  master  to  the  collector 
of  customs  for  cancellation.  The  certiftcate  herein  j)rovided  lor  shall 
entitle  the  Chinese  laborer  to  whom  the  same  is  issued  to  return  to  and 
re-enter  the  United  States  u])on  ])roducing  and  delivering  the  same  to 
the  collector  of  customs  of  the  district  at  which  such  Chinese  laborer 
shall  seek  to  re-enter,  and  said  certificate  shall  be  the  only  evidence 
permissible  to  establish  his  riglit  of  re-entry;  and  upon  delivering  of 
such  certificate  by  such  Chinese  laborer  to  the  collector  of  customs  at 
the  time  of  reentry  in  the  United  States,  said  collector  shall  cause  the 
same  to  be  filed  in  the  custom-house  and  duly  canceled." 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       109 

Sectiou  six  of  said  act  it*  liereby  amended  so  as  to  read  as  follows : 
Sec.  6.  That  in  order  to  the  faithful  execution  of  the  provisions  of 
this  act,  every  Chinese  person,  other  than  a  laborer,  who  may  be  entitled 
by  said  treaty  or  this  act  to  come  within  the  Tnited  States,  and  who 
shall  be  about  to  come  to  the  United  States,  shall  obtain  the  permission 
of  and  be  identitied  as  so  entitled  by  the  Chinese  Government,  or  of 
such  other  foreign  Government  of  which  at  the  time  such  Chinese  per- 
son shall  be  a  subject,  in  each  case  to  be  evidenced  by  a  certiticate 
issued  by  such  Government,  which  certiticate  shall  be  in  the  English 
lano^uage,  and  shall  show  such  permission,  with  the  name  of  the  per- 
mitted person  in  his  or  her  proper  signature,  and  which  certiticate  shall 
state  the  individual,  tamily,and  tribal  name  in  full,  title  or  official  rank, 
if  any,  the  age,  height,  and  all  ])hysical  i)eculiarities,  former  and  pres- 
ent occupation  or  profession,  when  and  where  and  how  long  i)ursued, 
and  place  of  residence  of  the  person  to  whom  the  certiticate  is  issued, 
and  that  such  person  is  entitled  by  this  act  to  come  within  the  United 
States.  If  the  i)erson  so  applying  for  a  certiticate  shall  be  a  merchant, 
said  certificate  shall,  m  addition  to  above  requirements,  state  the  nature, 
character,  and  estimatetl  value  of  the  business  carried  on  by  him  prior 
to  ami  at  the  time  of  his  application  as  aforesaid:  Provided,  That  noth- 
ing in  this  act  nor  in  said  treaty  shall  be  construed  as  embracing  within 
the  meaning  of  the  word  '  uierchaut,'  hucksters,  peddlers,  or  those  en- 
gaged in  taking,  drying,  or  otherwise  preserving  shell  or  other  tish  for 
home  consum])tion  or  ex}>ortation.  If  the  certiticate  be  sought  for  the 
purpose  of  travel  for  curiosity,  it  shall  also  state  whether  the  ai>i)Iicant 
intends  to  pass  through  or  travel  within  the  United  States,  together  with 
his  financial  standing  in  the  country  from  which  such  certificate  is  de- 
sired. The  certificate  provided  for  in  this  act,  and  the  identity  of  the 
person  named  therein  shall,  before  such  person  goes  on  board  any  ves- 
sel to  proceed  to  the  United  States,  be  vised  by  the  indorsement  of  the 
diplomatic  representatives  of  the  United  States  in  the  foreign  country 
from  which  said  certificate  issues,  or  of  the  consular  representative  of 
the  United  States  at  the  port  or  place  from  which  the  person  named  in 
the  certificate  is  about  to  dei)art:  and  such  diplomatic  representative 
or  consular  representative  whose  indorsement  is  so  required  is  hereby 
empowered,  and  it  shall  be  his  duty,  before  indorsing  such  certificate 
as  aforesaid,  to  examine  into  the  truth  of  the  stateujents  set  forth  in 
said  certificate,  and  if  he  shall  find  upon  examination  that  said  or  any 
of  the  statements  therein  contained  are  untrue  it  shall  be  his  duty  to 
refuse  to  indorse  the  same.  Such  certificate  vised  as  aforesaid  shall  be 
prima  facie  evidence  of  the  facts  set  forth  therein,  and  shall  be  produced 
to  the  collector  of  customs  of  the  port  in  the  district  in  the  United 
States  at  which  the  person  named  therein  shall  arrive,  and  afterward 
produced  to  the  proper  authorities  of  the  United  States  whenever  law- 
fully demanded,  and  shall  be  the  sole  evidence  i)ermissible  on  the  part 
of  tlie  person  so  i)roducing-  the  same  to  establish  a  right  of  entiy  into 
the  United  States;  but  said  certificate  may  be  controverted  and  the 
facts  therein  stated  disproved  by  the  Uinted  States  authorities.'' 

Section  eight  of  said  act  is  hereby  amended  so  as  to  read  as  Ibllows : 
Sec.  8.  That  the  master  of  any  vessel  arriving  in  the  Unit.-d  States 
from  any  foreign  i)ort  or  place  shall,  at  the  same  time  he  delivers  a 
manifest  of  the  cargo,  and  if  there  be  no  cargo,  then  at  the  tiiue  of 
making  a  report  of  the  entry  of  the  vessel  pursuant  to  law,  in  addition 
to  the  other  matter  required  to  be  re])orted,  and  before  landing,  or 
permitting  to  land,  any  Chinese  passengers,  deliver  and  report  to  the 
collector  of  customs  of  the  district  iu  which  such  v^essels  shall  have  ar- 


110  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

rived  a  separate  list  of  all  Chinese  passengers  taken  on  board  liis  vessel 
at  any  foreign  port  or  place,  and  all  such  passengers  on  board  tbe  ves- 
sel at  that  time.  Such  list  shall  show  the  names  of  such  passengers 
(and  if  accredited  officers  of  the  Chinese  or  of  any  other  foreign  Govern- 
ment, traveling  on  the  business  of  that  Government,  or  their  servants, 
with  a  note  of  such  facts),  and  the  names  and  other  particulars  as  shown 
by  their  respective  certificates;  and  such  list  shall  be  sworn  to  by  the 
master  in  tbe  manner  required  by  law  in  relation  to  the  manifest  of  the 
cargo.  Any  refusal  or  wilful  neglect  of  any  such  master  to  comply  with 
the  provisions  of  this  section  shall  incur  the  same  penalties  and  ibrfeit- 
ure  as  are  provided  for  a  refusal  or  neglect  to  report  and  deliver  a  mani- 
fest of  the  cargo." 

Section  ten  of  said  act  is  hereby  amended  so  as  to  read  as  follows: 
Sec.  10.  That  every  vessel  whose  master  shall  knowingly  violate  any 
of  the  provisions  of  this  act  shall  be  deemed  forfeited  to  the  United 
States,  and  shall  be  liable  to  seizure  and  condemnation  in  any  district 
of  the  United  States  into  which  such  vessel  may  enter  or  in  which  she 
may  be  found." 
Section  eleven  of  said  act  is  hereby  amended  so  as  to  read  as  follows: 
"Sec.  11.  That  any  person  who  shall  knowingly  bring  into  or  cause 
to  be  brought  into  the  United  States  by  land,  or  who  shall  aid  or  abet 
the  same,  or  aid  or  abet  the  landing  in  the  United  States  from  any  ves- 
sel, of  any  Chinese  person  not  lawfully  entitled  to  enter  the  United 
States,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  on  conviction 
thereof,  be  fined  in  a  sum  not  exceeding  one  thousand  Dollars,  and  im- 
prisoned for  a  term  not  exceeding  one  year 

Section  twelve  of  said  act  is  hereby  amended  so  as  to  read  as  follows." 
"  Sec.  12.  That  no  Chinese  person  shall  be  permitted  to  enter  the 
United  States  by  land  without  producing  to  the  proper  officer  of  cus- 
toms the  certificate  in  this  act  required  of  Chinese  persons  seeking 
to  land  from  a  vessel.  And  any  Chinese  person  found  unlawfully 
withiu  the  United  States  shall  be  caused  to  be  removed  tljerefrom 
to  the  country  from  whence  he  came,  aud  at  the  cost  of  the  United 
States,  after  being  brought  before  some  justice,  judge,  or  commissioner 
of  a  court  of  the  United  States  aud  found  to  be  one  not  lawfully  entitled 
to  be  or  to  remain  in  the  United  States;  and  in  all  such  cases  the  per- 
son who  brought  or  aided  in  bringing  such  person  to  the  United  States 
shall  be  liable  to  the  Government  of  the  United  States  for  all  necessary 
exi)enses  incurred  in  such  investigation  and  removal;  and  all  peace 
oflicers  of  the  several  States  and  Territories  of  the  United  States  are 
hereby  invested  with  the  same  authority  as  a  marshal  or  United  States 
marshal  in  reference  to  carrying  out  the  j)rovisious  of  this  act  or  the 
act  of  which  this  is  amendatory,  as  a  marshal  or  deputy  marshal  of  the 
United  States,  and  shall  be  entitled  to  like  compensation  to  be  audited 
and  paid  by  the  same.officers.  And  the  United  States  shall  pay  all 
costs  and  charges  for  the  maintenance  and  return  of  any  Chinese  per 
son  having  the  certificate  prescribed  by  law  as  entitling  such  Chinese 
l)erson  to  come  into  the  United  States  who  may  not  have  been  per- 
mitted to  land  from  any  vessel  by  reason  of  any  of  the  provisions  of 
this  act." 

Section  thirteen  of  said  act  is  hereby  amended  so  as  to  read  as  follows: 

Sec.  13.  That  this  act  shall  not  apply  to  diplomatic  and  other  officers 

of  the  Chinese  or  other  Governments  traveling  upon  the  business  of 

that  Government,  whose  credentials  shall  be  taken  as  equivalent  to  the 

certificate  in  this  act  mentioned,  and  shall  exempt  them  and  their  body 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       Ill 

aucl  liouseliold  servants  from  the  provisions  of  this  act  as  to  other  Chi- 
nese persons" 

Section  fifteen  of  said  act  is  hereby  amended  so  as  to  read  as  follows: 

"  Sec.  15.  That  the  provisions  of  this  act  shall  apply  to  all  subjects  of 
China  and  Chinese,  whether  subjects  of  China  or  any  other  foreign 
power;  and  the  words  Chinese  laborers,  wherever  used  in  this  act  shall 
be  construed  to  mean  both  skilled  and  unskilled  laborers  and  Chinese 
employed  in  mining 

Sec.  10.  That  any  violation  of  any  of  the  provisions  of  this  act,  or  of 
the  act  of  which  this  is  amendatory,  the  punishment  of  which  is  not 
otherwise  herein  provided  for,  shall  be  deemed  a  misdemeanor,  and 
shall  be  punishable  by  fine  not  excee<lino-  one  thousand  dollars,  or  by 
imprisonment  for  not  more  than  one  year,  or  both  such  fine  and  impris- 
onment 

Sec.  17.  That  nothing-  contained  in  this  act  shall  be  construed  to  affect 
any  i)rosecution  or  other  proceeding  criminal  or  civil,  begun  under  the 
act  of  which  this  amendatory;  but  such  prosecution  or  other  proceed- 
ing, criminal  or  civil,  shall  proceed  as  if  .this  act  had  not  been  passed 

Approved,  July  5,  1884. 


2.— GUANO  ISLANDS. 

(Revised  Statutes,  Title  LXXII.) 

Sec.  5570.  Whenever  any  citizen  of  the  United  States  discovers  a 
deposit  of  guano  on  any  island,  rock,  or  key,  not  within  the  lawful  juris- 
diction of  any  othei'  government,  and  not  occu])ied  by  the  citizens  of  any 
other  government,  and  takes  peaceable  possession  thereof,  and  occupies 
the  same,  such  island,  rock,  or  key  may,  at  the  discretion  of  the  Presi- 
dent, be  considered  as  appertaining  to  the  United  States. 

Sec.  5571.  The  discoverer  shall,  as  soon  as  ])racticable,  give  n')tice, 
verified  by  affidavit,  to  the  Department  of  State,  of  such  discovery, 
occupation,  and  possession,  describing  the  island,  rock,  or  key,  and  the 
latitude  and  longitude  thereof,  as  near  as  may  be,  and  showing  that 
such  possession  was  taken  in  the  name  of  the  United  States  ;  and  shall 
furnish  satisfactory  evidence  to  the  State  Department  that  such  island, 
rock,  or  key  was  not,  at  the  time  of  the  discovery  thereof,  or  of  the 
taking  possession  and  occupation  thereof  by  the  claimants,  in  the  pos- 
session or  occupation  of  any  other  government  or  of  the  citizens  of  any 
other  government,  before  the  same  shall  be  considered  as  appertaining 
to  the  United  States.        ' 

Sec.  5572.  If  the  discoverer  dies  before  perfecting  proof  of  discovery 
or  fully  complying  with  the  provisions  of  the  preceding  section,  his 
widow,  heir,  executor,  or  administrator,  shall  be  entitled  to  the  benefits 
of  such  discovery,  upon  complying  with  the  provisions  of  this  Title; 
but  nothing  herein  siiall  be  held  to  impair  any  rights  of  discovery  or 
any  assignment  by  a  discoverer  heretofore  recognized  by  the  United 
States. 

Sec.  5573.  The  discoverer,  or  his  assigns,  being  citizens  of  the  United 
States,  may  be  allowed,  at  the  pleasure  of  Congress,  the  exclusive  right 
of  occupying  such  island,  rocks,  or  keys,  for  the  purpose  of  obtaining 
guano,  and  of  selling  and  delivering  the  same  to  citizens  of  the  United 
States,  to  be  used  therein,  and  may  be  allowed  to  charge  and  receive 
for  every  ton  thereof  delivered  alongside  a  vessel,  in  proper  tubs,  within 


112  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

reach  of  ship's  tackle,  a  sum  not  exceeding  eight  dollars  per  ton  for  the 
best  quality,  or  four  dollars  for  every  ton  taken  while  in  its  native  place 
of  deposit. 

Sec.  5574.  ]S"o  guano  shall  be  taken  from  any  such  island,  rock,  or 
key,  except  for  the  use  of  the  citizens  of  the  United  States  or  of  persons 
resident  therein.  The  discoverer,  or  his  widow,  heir,  executor,  admin- 
istrator, or  assigns,  shall  enter  into  bond,  in  such  ])enalty  and  with  such 
sureties  as  may  be  required  by  the  President,  to  deliver  the  guano  to 
citizens  of  the  United  States,  for  the  purpose  of  being  used  therein,  and 
to  none  others,  and  at  the  ijrice  prescribed,  and  to  provide  all  necessary 
facilities  for  that  purpose  within  a  time  to  be  fixed  in  the  bond;  and 
any  breach  of  the  provisions  thereof  shall  be  deemed  a  forfeiture  of  all 
riglits  accruing  under  and  by  virtue  of  this  Title.  This  section  shall, 
iiowever,  be  suspended  in  relation  to  all  persons  who  iiave  complied 
with  the  i)rovisions  of  this  Title,  for  five  years  from  and  after  the  four- 
teenth day  01  July,  eighteen  hundred  and  seventy-two. 

Sec.  5575.  The  introduction  of  guano  from  such  islands,  rocks,  or 
keys,  shall  be  regulated  as  in  .the  coasting-trade  between  different  parts 
of  the  United  States,  and  the  same  la^vs  shall  govern  the  vessels  con- 
cerned therein. 

Sec.  557G.  All  acts  done,  and  offenses  or  crimes  committed,  on  any 
such  island,  i-ock,  or  key,  by  persons  who  may  land  thereon,  or  in  the 
waters  adjacent  thereto,  shall  be  deemed  committed  on  the  high  seas, 
on  board  a  merchant-ship  or  vessel  belonging  to  the  United  States;  and 
shall  be  punished  according  to  the  laws  of  the  United  States  relating  to 
such  ships  or  vessels  and  offenses  on  the  high  seas,  which  laws  for  the 
purpose  aforesaid  are  extended  over  such  islands,  rocks,  and  keys. 

Sec.  5577.  The  President  is  authorized,  at  his  discretion,  to  employ 
the  land  and  naval  forces  of  the  United  States  to  protect  the  rights 
of  the  discoverer  or  of  his  widow,  heir,  executor,  administrator,  or 
assigns. 

Sec.  5578.  Nothing  in  this  Title  contained  shall  be  construed  as 
obliging  the  United  States  to  retain  possession  of  the  islands,  rocks, 
or  keys,  after  the  guano  shall  have  been  removed  from  the  same. 


3.— TIMBER  SHIPMENTS. 

(Revised  Statutes,  Title  XXXII.) 

Sec.  2460.  The  President  is  authorized  to  employ  so  much  of  the  land 
and  naval  forces  of  the  United  States  as  may  T)e  necessary  eliectually  to 
l)revent  the  felling,  cutting  down,  or  other  destruction  of  the  timber  of 
the  United  States  in  Florida, and  to  prevent  the  transportation,  or  car 
rying  away  any  such  timber  as  may  be  already  felled,  or  cut  down ;  and 
to  take  such  other  and  further  measures  as  may.  be  deemed  advisable 
for  the  juescrvation  of  the  timber  of  the  United  States  in  Florida. 

Sec.  2401.  If  any  person  shall  cut,  or  cause  or  procure  to  be  (Hit,  or 
aid,  assist,  or  be  employed  in  cutting,  or  shall  wantonly  destroy,  or 
cause  or  procure  to  be  wantonly  destroyed,  or  aid,  assist,  or  be  employed 
in  wantonly  destroying  any  live-oak,  or  red-cedar  trees  or  other  timber 
standing,  growing,  or  being  on  any  lands  of  the  United  States,  which, 
in  pursuance  of  any  law  i)assed,  or  hereafter  to  be  passed,  have  been 
reserved,  or  purchased  for  the  use  of  the  United  States,  for  supplying, 
or  furnishing  therefrom  timber  for  the  Navy  of  the  United  Stales:  or  if 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  1  1  3 

any  ]>ersou  shall  ieinove,or  cause  or  prooiue  to  be  removed,  or  aid,  or  as- 
sist, or  beeiuployed  in  removing-  from  anysncli  lands  wbicli  have  been  re- 
served or  ])iircbased,  any  live-oak,  or  red  eedar  trees,  or  f)ther  timber, 
unless  duly  authorized  so  to  do,  by  order,  in  writing',  of  a  competent 
ofiicer,  and  for  the  use  of  the  Navy  of  the  United  States :  or  if  any  per- 
son shall  cut,  or  cause  or  procure  to  be  cut,  or  aid,  or  assist,  or  be  em- 
ployed in  cuttin<:  any  live-oak  or  redcedar  trees,  or  other  timber,  on, 
or  shall  remove,  or  cause  or  ))rocure  to  be  removed,  or  aid,  or  assist,  or 
be  em])]oyed  in  removing-  any  live-oak  or  red  cedar  trees,  or  other  tim- 
ber fiom  \u)\  other  lands  of  the  United  States,  ac(iuired,  or  hereafter  to 
be  accjuired,  with  intent  to  export,  (lisi)ose  of,  use  or  emjdoy  the  same  in 
any  manner  whatsoevej',  other  than  for  the  use  of  the  Navy  of  the  United 
States;  every  such  ])erson  shall  pay  a  tine  not  less  than  triple  the  value 
of  the  trees,  or  timber  so  cut,  destroyed  or  removed,  ami  shall  l)e  im- 
prisoned not  exceeding  twelve  months.     (See  sec.  4751.) 

Seo.  2402.  If  the  master,  owner,  or  cousigiiee  of  any  vessel  shall 
knowingly  take  on  board  any  timber  cut  on  lands  which  have  been 
reserved,  or  purchased  as  in  the  precedinji-  section  prescribed,  without 
proper  authority,  and  f\)r  the  use  of  the  Navy  of  tiie  United  States:  or 
shall  take  on  board  any  live  oak,  or  red-cedar  timber  cut  on  any  other 
lauds  of  the  United  States,  with  intent  to  transport  the  same  to  any 
l)ort  or  i)lace  within  the  United  States,  or  to  exi)ort  the  same  to  any 
foreign  country,  the  vessel  on  board  of  which  the  same  shall  be  taken, 
transported,  (.r  seized,  shall,  with  her  tackle,  apparel  and  furniture,  be 
wholly  forfeited  to  the  United  States,  and  the  captain,  or  master  of  such 
vessel  wherein  the  same  was  exported  to  any  foreign  country  against 
the  i)rovisions  of  this  section  shall  forfeit  and  ])ay  to  the  United  States 
a  sum  not  exceeding  one  thousand  dollars.     (See  sec.  4751.) 

Sec.  2403.  It  shall  be  the  duty  of  all  collectors  of  the  Customs  within 
the  States  of  Alabama,  Mississippi,  Louisiana  and  Florida,  before  allow- 
ing a  clearance  to  any  vessel  laden  in  whole,  or  in  part  with  live-oak 
timber,  to  ascertain  satisfactorily  that  such  timber  was  cut  from  private 
lands,  or  if  from  public  ones,  by  consent  of  the  Navy  Department;  and 
it  is  also  made  the  duty  of  alfofficers  of  the  customs,  and  of  the  laud 
officers  within  those  States,  to  cause  prosecutions  to  be  reasonably  in- 
stituted against  all  persons  ktiowu  to  be  guilty  of  depredations  on,  or 
injurious  to  the  live-oak  growing  on  the  public  lands.  (See  sees.  4205, 
4751.) 


4.— CAERYING  THE  MAILS. 

CONTRACTS   FOR   CARRYING   THE   MAIL. 

(Revised  Statutes,  Title  XLVl,  cliaj).  8.) 

.  Sec.  3041.  Before  making  any  contract  for  carrying  the  mail,  other 
than  those  liereinafterexcep'ted,  the  Postnnister-General  shall  give  public 
notice  by  advertising  once  a  week  for  six  weeks  in  oneor  more,  not  exceed- 
ing five,' newspai>ers  published  in  the  State  orTerritory  where  theservice 
is  to  be  i)erformed,  one  of  which  shall  be  published  at  the  seat  of  gov- 
ernment of  such  State  or  Territory;  aiul  such  notice  shall  describe  the 
route,  the  time  at  which  the  mail  is  to  be  made  up,  the  tinu^  at  which  it 
is  to  be  delivered,  and  the  frequency  of  the  service;  and  the  Postmaster- 
General  shall  direct,  by  si)ecial  order  in  each  case,  the  newspapers  iu 
II.  Mis.  301 8 


114  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

which  mail  let  till  f;\s,  or  other  jjroposaLs  relative  to  the  business  of  his 
Department,  shall  be  a(Ivertise<l,  and  no  publisher  shall  be  paid  for  such 
advertisements  without  having-  beeu  requested  by  the  Postmaster-Gen- 
eral to  i)ubli,sli  the  same. 

Se(J.  ;j!>42.  The  Postmaster-General  may  enter  into  contracts  for  car- 
rying the  mail,  with  railway  companies,  without  advertising-  for  bids 
therefor. 

Sec.  ;i94."3.  The  Postmaster-General  may  contract  with  the  owner  or 
master  of  any  steamboat  plying  upon  the  waters  of  the  United  States, 
or  of  any  steamship  or  other  vessel  plying  between  ports  of  ihe  United 
States,  for  carrying  the  mail  for  any  length  of  time  less  than  four  years, 
and  without  advertising  for  proposals  therefor,  whenever  Ihe  ])ublic 
interest  and  (convenience  will  thereby  be  promoted;  l)ut  the  ])rice  paid 
for  such  service  shall  in  no  case  be  greater  than  the  average  price  paid 
under  the  last  preceding  or  then  existing  regular  contract  on  the  same 
route. 

Seo.  .'3049.  All  contracts  for  carrying  the  mail  shall  be  in  the  name  of 
the  United  States,  and  shall  be  awarded  to  the  lowest  bidder  tendering 
sufilcient  guarantees  f.u-  faithful  i)erformauce,  without  other  reference 
to  the  mode  of  trans])ortation  than  maybe  necessary  to  provide  for  the 
due  celerity,  certainty,  and  security  thereof;  but  the  Postmaster-General 
hsall  not  be  bound  to  consider  the  bid  of  any  person  who  has  willfully 
or  negligently  failed  to  perlbrm  a  former  contract. 

Sec.  3951.  After  any  regular  bidder  or  contractor  for  the  trans])orta- 
tiou  of  the  mail  upon  any  route  shall  have  failed  to  enter  into  contract^ 
and  commence  the  i)erformance  thereof  as  herein  provided,  the  Post- 
master-General shall  proceed  to  contract  with  the  next  lowest  bidder  for 
such  service,  who  will  enter  into  a  contract  and  perform  the  same  unless 
the  Postmaster-General  shall  consider  such  bid  too  high,  in  which  case  he 
shall  re-advertise  such  service.  And  in  all  cases  of  regular  contracts 
hereafter  made  the  contract  may,  in  the  discretion  of  the  Postmaster- 
General,  be  continued  in  force  beyond  its  express  terms  for  a  period  not 
exceeding  six  mouths,  until  a  new  contract  with  the  same  or  other 
contractors  shall  be  made  by  the  Postmaster-General.  The  Postmas- 
:)er-General  may  contract,  without  advertisement,  for  a  period  not  to 
exceed  twelve  months,  for  the  carriage  of  the  mail  on  such  route 
during  the  time  that  shall  necessarily  elapse  between  the  failure  of 
cither  of  the  accepted  bidders  to  enter  into  a  contract  and  the  time 
when  the  next  accepted  bidder  under  the  old  or  a  new  advertisement 
shall  enter  ui)on  his  contract;  and  the  difference  between  the  price  pro- 
liosed  in  the  accepted  bid  and  that  paid  for  intermediate  service  shall 
be  charged  to  the  failing  bidder  or  bidders,  and  may  be  recovered  in 
the  name  of  the  United  States  for  the  use  of  the  Post  Office  Depart- 
ment, in  an  action  on  the  case.  And  when  the  contract  shall  be  made 
and  concluded,  the  difference  between  the  accei)ted  bid  of  the  failing 
bidders  and  the  amount  i)ayable  under  the  contract  for  the  service  of 
two  years  shall  be  forthwith  charged  against  the  failing  bidder  or  bid- 
ders ;  and  an  action  for  such  sum  in  the  nature  of  liquidated  damages 
shall  accrue  to  the  United  States  for  the  use  of  the  Post-Ofifice  Depart- 
ment immediately  u])on  the  execution  of  the  tinal  contract.  And  both 
causes  of  action  mentioned  in  this  section  may"  be  joined  in  one  suit. 

Sec.  3953.  Uereafter  all  bidders  upon  every  mail-route  for  the  trans- 
portation of  the  mails  uj)on  the  same,  where  the  annual  com])ensation 
lor  the  service  on  such  route  at  the  time  exceeds  the  sum  of  live  thou- 
sand dollars,  shall  accompany  their  bids  with  a  certitied  check  or  draft, 
payable  to  the  order  of  the  Postmaster  General  ui)on  some  solvent 
ational  bank,  which  check  or  draft  shall  not  be  less  than  five  per 


NAVIGATION    LAWS    OF    THK    UNITED    STATES.  115 

centum  ou  the  amount  of  the  annual  pay  on  such  route  at  the  time  such 
bid  is  made  ;  and  in  case  of  new  service,  not  less  than  live  per  centuat 
of  the  amount  of  one  yeai^'s  ])ay  proposed  in  such  bid,  if  the  bid  exceed 
five  ihousand  dollars  per  annum.  In  (;ase  any  bidder,  on  being  awarded 
any  such  contract,  shall  fail  to  execute  the  same,  with  f^ood  and 
sufficient  sureties,  according  to  the  terms  on  which  such  bid  was  made 
and  acce])ted,  and  enter  upon  the  performan(;e  of  the  service  to  tUe 
satisfaction  of  the  Postmaster-General,  such  bidder  shall  forfeit  the 
amount  so  deposited  to  the  United  States,  and  the  same  shall  forthwith 
be  paid  into  the  Treasury  for  the  use  of  the  Post-Office  Departn>ent;. 
but  if  su(;h  contract  shall  be  duly  executed  ami  the  service  entered 
upon  to  the  satisfaction  of  the  Postmaster  General,  such  draft  or  check 
so  depttsited  shall  be  returned  to  the  bidder. 

Sec.  SO.IO.  No  contiact  for  carryin<;-  the  mail  shall  be  made  for  a  longer- 
term  than  four  years,  and  no  contract  for  carrying  the  mail  ou  the  seau 
shall  be  made  for  a  longer  term  than  two  years. 

Sec.  3957.  Whenever,  by  reason  of  any  error,  omission,  or  other 
cause,  any  route  which  should  properly  be  advertised  for  the  regular 
letting  is  omitted,  it  shall  be  the  duty  of  the  Postmaster  General  to 
advertise  the  same  as  soon  as  the  error  or  omission  shall  be  discovered, 
and  the  ])roi)osals  for  such  route  shall  be  0])eued  as  soon  as  possible  after 
the  other  ])roposals  in  the  same  contract  section;  and  the  contract  made 
under  such  sui)plementary  advertisement  shall  run,  as  nearly  as  possible, 
from  the  beginning  to  the  end  of  the  regular  contiact  term,  and,  during 
the  time  necessarily  lost  by  reason  of  such  error,  omission,  or  other 
cause,  the  Postmaster  General  shall  provide  for  the  carrying  of  the  mail 
on  such  route  at  as  low  rate  as  possible,  without  advertising. 

Sec.  3958.  Whenever  it  becomes  necessary  to  change  the  terms  of  an 
existing  contract  for  carrying  the  mail  otherwise  than  as  provided  in  the 
preceding  section,  notice  thereof  shall  be  given  and  proceedings  had 
thereon  the  same  as  at  the  letting  of  original  contracts. 

Sec.  3959.  No  pers(m  whose  bid  for  carrying  the  mail  is  accepted  shall 
receive  any  i)ay  until  he  has  executed  his  contract  according  to  law  and 
the  regulations  of  the  Department. 

Sec.  3900.  Compensation  for  additional  service  in  carrying  the  mail 
shall  not  be  in  excessof  the  exact  pro])ortion  which  the  original  compen- 
sation bears  to  the  original  service  ;  and  when  any  such  additional  service 
is  ordered,  the  sum  to  be  allowed  therefor  shall  be  expressed  in  the  order 
and  entered  upiui  the  books  of  the  Department;  and  no  compensation 
shall  be  paid  for  any  additional  regular  service  rendered  before  the  is- 
suing of  such  order. 

Sec.  3901,  No  extra  allowance  shall  be  made  for  any  increase  of  ex- 
pedition in  carrying  the  mail  unless  thereby  the  emi)loyment  of  addi- 
tional stock  and  carriers  is  made  necessary,  and  in  such  case  the  additional 
comi)ensation  shall  bear  no  greater  ])roportion  totheadditional  stock  and 
carriers  necessarily  employed  than  the  compensation  in  the  original 
contract  bears  to  the  stock  and  carriers  necessarily  employed  in  its  exe- 
cution. 

Sec,  30G2.  The  Postmaster-General  may  make  deductions  from  the 
pay  of  contractors,  for  failures  to  perform  service  according  to  contract, 
and  impose  fines  ui)on  them  for  other  delinquencies.  He  may  deduct 
the  price  of  the  trip  in  all  cases  where  the  trip  is  not  performed  ;  and 
not  exceeding  three  times  the  price  if  the  ftiilure  be  occasioned  by  the 
fault  of  the  contractor  or  carrier. 

Sec.  3903.  No  contractor  for  transporting  the  mail  within  or  between 
the  United  States  and  any  foreign  country  shall  assign  or  transfer  his 
contract,  and  all  such  assignments  or  transfers  shall  be  null  and  void. 


116  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

CARRYING   THE   MAIL. 
(Revised  Statutes,  Title  XLVI,  chap.  9.) 

Sec.  3065.  The  Postuiaster-General  shall  in'ovide  for  carrying  the  mail 
on  all  post  roads  established  by  law,  as  ofteu  as  lie,  haviug  due  regard 
to  productiveness  and  other  circuinstauces,  may  think  proper. 

Sec.  3960.  The  I'ostmaster-Geueral  shall  cause  a  mail  to  be  carried 
from  the  nearest  ])ost-office  on  any  established  post-road  to  the  court- 
house of  any  county  in  the  United  States  which  is  without  a  mail. 

Sec.  3967*.  The  Postmaster  General  may  contract  for  carrying  the  mail 
on  the  navigable  canals  of  the  several  States,  when,  in  his  o})inion,  the 
public  interest  or  convenience  requires  it. 

Sec.  3968.  The  Postmaster-General  may  contract  for  carrying  the  mail 
on  any  plank-road  in  the  United  States,  when  the  public  interest  or  con- 
venience requiies  it. 

Sec.  3969.  The  Postmaster-General  may  cause  the  mail  to  be  carried 
in  any  steamboat  or  other  vessel  used  as  a  packet  on  any  of  the  waters 
of  the  United  States. 

Sec.  3970.  The  Postmaster-General  may,  if  he  deem  it  for  the  public 
interest,  make  contracts  for  any  period  not  exceeding  one  year,  for  car- 
rying the  mails  in  steamships  between  any  of  the  ports  of  the  United 
States. 

Sec.  3971.  The  Postmaster-General  may  enter  into  contracts  for  ex- 
tending the  line  of  i)osts  to  supply  mails  to  post-offices  not  on  any  estab- 
lished route,  and,  as  a  compensation  for  carrying  the  mail  under  such 
contracts,  may  allow  not  exceeding  two-thirds  ot  the  salary  paid  to  the 
postmaster  at  such  special  offices. 

Sec.  3975.  The  Postmaster-General  may,  when  he  deems  it  advisable, 
contract  for  the  transportation  of  the  mails  to  and  from  any  post-office; 
but  where  such  service  is  perfornif-d  over  a  route  not  established  by  law, 
he  shall  report  the  same  to  Congress  at  its  meeting  next  thereafter,  and 
such  service  shall  cease  at  the  end  of  the  next  session  of  Congress, 
unless  such  route  is  established  a  post-route  by  Congress. 

Sec.  3976.  The  master  of  any  vessel  of  the  United  States  bound  from 
any  ])ort  therein  to  any  foreign  port,  or  from  any  foreign  port  to  any 
port  of  the  United  States,  shall,  before  clearance,  receive  on  board  and 
securely  convey  all  such  mails  as  the  PostOffice  Department,  or  any 
diplomatic  or  consular  officer  of  the  United  States  abroad,  shall  offer ; 
and  he  shall  promptly  deliver  the  same,  on  arriving  at  the  port  of  desti- 
nation, to  the  proper  officer,  for  which  he  shall  receive  two  cents  for 
every  letter  so  delivered ;  and  upon  the  entry  of  every  such  vessel  re- 
turning from  any  foreign  port,  the  master  thereof  shall  make  oath  that 
he  has  promptly  delivered  all  the  mail  placed  on  board  said  vessel  be- 
fore clearance  from  the  United  States ;  and  if  he  shall  fail  to  make  such 
oath  the  vessel  shall  not  be  entitled  to  the  privileges  of  a  vessel  of  the 
United  States. 

Sec.  3977.  The  master  of  any  steamboat  passing  between  ports  or 
places  in  the  United  States,  and'arriving  at  any  such  port  or  idace  where 
there  is  a  post-office,  shall  deliver  to  the  i)ostmaster,  within  three  hours 
after  his  arrival,  if  in  the  day-time,  and  if  at  night,  within  two  hours 
after  the  next  sunrise,  all  letters  and  packets  brought  by  him,  or  within 
his  power  or  control  and  not  relating  to  the  cargo,  addressed  to  or  des- 
tined for  such  port  or  place,  for  which  he  shall  receive  from  the  post- 
master two  cents  for  each  letter  or  packet  so  delivered,  unless  the  same 


NAVIGATIOX    LAWS    OF    THE    UNITED    STATES.  117 

is  caniert  under  a  contract  for  carrying  the  mail ;  and  for  every  failure 
to  so  deliver  such  letters  and  packets,  the  master  or  owner  of  the  steam- 
boat shall  be  liable  to  a  penalty  of  one  hundred  and  fifty  dollars. 

Sec.  397S.  The  PostniasterGeneral  may  i»ay,  to  the  master  or  owner 
of  any  vessel  not  rejiularly  employed  in  carrying  the  mail,  two  cents  for 
each  letter  carried  by  such  vessel  between  ports  or  jilaces  in  the  LTnited 
States,  or  from  any  foreign  port  to  any  port  in  the  United  States;  but 
all  such  letters  shall  be  deposited  in  the  post-office  at  the  port  of  arri- 
val. 

Sec.  3080.  Every  route-agent,  postal  clerk,  or  other  carrier  of  the 
mail  shall  receive  any  mail-matter  presented  to  bim,  if  properly  prepaid 
by  stamps,  and  deliver  the  same  for  mailing  at  the  next  post  office  at 
which  he  arrives;  but  no  fees  shall  be  allowed  him  therefor. 

Sec.  3987.  No  vessel  dei)arting  from  the  United  States  for  any  for- 
eign i)ort  shall  receive  on  board  or  convey  any  letter  or  packet  originat- 
ing in  the  United  States  which  has  not  been  regularly  received  from  the 
post  office  at  the  port  of  departure,  and  which  does  not  relate  to  the 
cargo  of  such  vessel,  except  as  provided  in  section  three  thousand  nine 
hundred  and  ninety-three;  and  every  collector,  or  other  officer  of  the 
port  empowered  to  grant  clearances,  shall  require  from  the  master  of 
such  ves-el,  as  a  condition  of  clearance,  an  oath  that  he  has  not  received 
on  board,  has  not  under  his  care  or  control,  and  will  not  receive  or  con- 
vey any  letter  or  packet  contrary  to  thn  provisions  of  this  section. 

Sec.  3988.  No  vessel  arriving  within  any  port  or  collection-<listrict  of 
the  United  States  shall  be  allowed  to  make  entry  or  break  bulk  until  all 
letters  on  boanl  are  delivered  at  the  nearest  post-office,  and  the  master 
thereof  has  signed  and  sworn  to  the  following  declaration,  before  the 
collector  or  other  proper  customs  officer  : 

"  I,  A.  B.,  master  of  the ,  arriving  from ,  and  now  lying 

in  the  port  of ,  do  solemnly  swear  (or  affirm)  that  I  have,  to  the 

best  of  my  knowledge  and  belief,  delivered,  at  the  post-office  at , 

every  letter,  and  every  bag,  packet,  or  parcel  of  letters,  which  were  on 
board  the  said  vessel  during  her  last  voyage,  or  which  were  in  my  pos- 
session or  umler  my  power  or  control." 

And  any  master  who  shall  break  bulk  liefore  he  has  delivered  such 
letters  shall  be  liable  to  a  penalty  of  not  more  than  one  hundred  dollars, 
recoverable,  one  half  to  the  officer  making  the  seizure,  and  the  other  to 
the  use  of  the  United  States. 

Sec.  3989.  Any  special  agent  of  tlie  Post-Office  Deparnnent,  when  in- 
structed by  the  Postmaster-General  to  make  examinations  and  seizures^ 
and  the  collector  or  other  customs  offi(;er  of  any  port,  witiiout  special  in- 
structions, shall  carefully  search  all  vessels  for  letters  which  may  be  on 
board  or  which  have  been  conveyed  contrary  to  law> 

Sec.  3999.  Any  special  agent  of  the  Post-Office  l)ei)artinent,  collec- 
tor, or  other  customs  officer,  or  United  States  marshal  or  his  deputy, 
may  at  all  times  seize  all  letters  and  bags,  i)ackets  or  parcels,  contain- 
ing'letters  which  are  being  carried  eontniry  to  law  on  board  any  vessel 
or  on  any  post-ioute,  :ind  convey  the  sume  to  the  neaiest  i)ost ottice,  or 
mav,  by  the  direction  of  the  Postmaster  (leneral  or  Secretary  of  the 
Treasury,  detain  them  until  two  months  after  the  final  deteruiinatiou 
of  all  suits  and  procee<lings  which  may,  at  any  time  within  six  months 
after  such  seizure,  be  brought  against  any  jterson  for  sending  or  cany- 
ing  such  letters. 

*  Sec.  3991.  Every  package  or  parcel  seized  by  any  special  agent  of 
the  Post-Office  Dei)artmejit,  collector,  or  other  customs  officer,  or  United 

'  See  Title  XXXIV,  ehiip.  10. 


118  NAVIGATION    LAWS    OF    THE    UNI'lED    STATES. 

States  marshal  or  his  deputies,  in  which  any  letter  is  unlawfully  onc- 
cealed,  shall  be  forfeited  to  the  United  States,  and  the  same  proceedings 
may  be  had  to  enforce  the  forfeiture  as  are  authorized  in  respect  to 
goods,  wares,  and  merchandise  forfeited  for  violation  of  the  revenue 
laws;  and  all  laws  for  the  benefit  and  protection  of  customs  officers 
making  seizures  for  violating  revenue  laws  shall  apply  to  officers  mak- 
ing seizures  for  violating  the  postal  laws. 

Sec.  3992.  Nothing  herein  contained  shall  be  construed  to  prohibit 
the  conveyance  or  transmission  of  letters  or  packets  by  private  hands 
without  compensation,  or  by  special  messenger  employed  for  the  partic- 
ular occasion  only. 

Sec.  3993.  All  letters  inclosed  in  stamped  envelopes,  if  the  postage- 
Stamj)  is  of  a  denomination  sufficient  to  cover  the  postage  that  would  be 
chargeable  thereon  if  the  same  were  sent  l)y  mail,  may  he  sent,  con- 
veyed, and  delivered  otherwise  than  by  mail,  provided  such  envelope 
shall  be  <luly  directed  and  properly  sealed,  so  that  the  letter  cannot  be 
taken  therefrom  without  defacing  the  envelope,  and  the  date  of  the  let- 
ter or  of  the  transmission  or  receipt  thereof  shall  be  written  or  stamped 
upon  the  envelope.  Jint  the  Postmaster-General  may  suspend  the  op- 
eration of  this  section  upon  any  mail-route  where  the  public  interest 
may  require  such  susi)ensiou. 

Sec.  3994.  When  the  amount  of  mail-matter  to  be  carried  on  any  mail- 
route  is  so  great  as  to  seriously  retard  the  i)rogress  or  endanger  the  se- 
curity of  the  letter-mail,  or  ujaterially  increase  the  cost  of  carriage  at 
the  ordinary  rate  of  speed,  the  Postmaster-General  may  i)rovide  for  the 
separate  carriage  of  the  letter  mail  at  the  usual  rate  of  speed;  but  the 
other  mail-matter  shall  not  be  delayed  any  more  than  is  absolutely  nec- 
essary, having  due  regard  to  the  cost  of  expedition  and  the  means  at 
his  disjiosal  for  affecting  [effecting]  *  the  same. 


FOREIGN   MAIL-SERVICE. 
(Revised  Statutes,  chap.  IL) 

Sec.  4()0G.  The  Postmaster-General,  after  advertising  for  proposals, 
may  enter  into  contracts  or  make  suitable  arrangements  for  transporting 
the  mail  through  any  foreign  country,  between  any  two  points  in  the 
United  States,  and  such  transi)ortation  shall  be  by  the  s[)eediest,  safest, 
and  most  economical  route;  and  all  contracts  therefor  may  be  revoked 
whenevei-  any  new  road  or  caiuil  shall  be  oi)en(Ml  attording  a  speedier, 
more  economical,  and  equally  safe  transportation  between  the  same 
points ;  but  in  case  of  the  revocation  of  any  such  contract,  a  fair  indem- 
nity shall  be  awarded  to  the  contractor. 

Sec.  4007.  The  Postmaster-General  may,  after  advertising  for  pro- 
posals, enter  into  contracts  for  the  trans{)ortation  of  the  mail  between 
the  United  States  and  any  foreign  country  whenever  the  public  interests 
will  thereby  be  promoted. 

Sec.  4008.  The  mail  between  the  United  States  and  any  foreign  port, 
or  between  ports  of  the  United  States  touching  at  a  foreign  port,  shall 
be  transported  in  steamships;  but  the  Postmaster-General  may  have 

*  See  Act  of  June  6,  1872,  chap.  335,  sec.  240. 


XAVIGATION    LAWS    OF    THE    UNITED    STATES.  119 

such  transportation  performed  by  sailing-- vessels  when  the  service  can 
be  facilitated  thereby. 

Sec,  4000.  For  transporting  the  mail  between  the  United  States  nnd 
any  foreijjn  port,  or  between  ])orts  of  the  United  States  touching-  at  a 
foreign  i)ort,  the  Postmaster-General  may  allow  as  compensaticni,  if  by 
a  United  States  steamship,  any  suni  not  exceeding  the  sea  and  United 
States  inland  postage;  and  if  by  a  foreign  steamship  or  by  a  sailing- 
vessel,  any  sum  not  exceeding  the  sea-postage,  on  the  mail  so  trans- 
ported. 

Sec.  4010.  The  Postmaster  General  may  imjxise  fines  on  contractors 
for  transi)orting  the  mail  between  the  United  States  and  any  foreign 
country,  for  any  unreasonable  or  unnecessary  delay  in  the  departure  of 
such  mail,  or  the  performance  of  the  trip;  but  the  line  for  any  one  de- 
fault shall  not  exceed  one-half  the  contract  i)rice  for  the  trij). 

Sec.  4011,  Every  contract  for  transporting-  the  mail  between  the 
United  States  and  any  foreign  country  shall  contain,  besides  the  usual 
stipulation  for  the  right  of  the  Postmaster  General  to  discontinue  the 
same,  the  further  stipulation  that  it  may  be  terminated  by  Congress, 

Sec.  401L\  The  Postmaster-General  may,  by  and  with  the  advice  and 
consent  of  the  President,  make  any  arrangements  which  may  be  deemed 
just  and  expedient  for  allowing  the  mails  of  Canada,  or  any  other  coun- 
try adjoining  the  United  States,  to  be  transported  over  the  territory  of 
the  United  States  from  one  i)oint  in  such  country  to  any  other  i)oint  iu 
the  same,  at  the  expense  of  the  country  to  which  the  mail  belongs,  upon 
obtaining  a  like  })rivilege  for  the  transportation  of  the  United  States 
mail  through  the  country  to  which  the  privilege  is  granted  ;  but  such 
privilege  may  at  any  time  be  annulled  by  the  President  or  Congress 
from  and  after  one  month  succeeding  the  day  on  which  notice  of  the  act 
of  the  President  or  Congress  is  given  to  the  chief  executive  or  head  of 
the  postottice  department  of  the  country  whose  privilege  is  to  be  an- 
nulled. 

Sec.  4014,  The  Postmaster-General  or  the  Secretary  of  State  is  hereby 
authorized  to  empower  the  consuls  of  the  United  States  to  pay  the  for- 
eign postage  on  such  letters  destined  for  the  United  States  as  may  be 
detained  at  the  ports  of  foreign  countries  for  the  non-payment  of  post- 
age, which  i)Ostage  shall  be  by  the  consul  marked  a>i  ])aid  by  him,  and 
the  amount  thereof  shall  be  collected  in  the  United  States  as  other  post- 
age, on  the  delivery  of  the  letters,  and  repaid  to  said  consul,  or  credited 
on  his  account  at  the  State  Department. 

Sec.  4015,  The  Postmaster-General,  under  the  direction  of  the  Presi- 
dent of  the  United  States,  is  hereby  authorized  and  empowered  to 
charge  upon,  and  collect  from,  all  letters  and  other  mailable  matter  car- 
ried to  or  from  any  port  of  the  United  States,  in  any  foreign  packet- 
ship  or  other  vessel,  the  same  rate  or  rates  of  charge  \oy  Ainerican  post- 
age which  the  government  to  which  such  foreign  packet  or  other  vessel 
belongs  imposes  ui)on  letters  and  other  mailable  mattei-  conveyed  to  or 
from  such  foreign  country  in  American  i)ackets  or  other  vessels  as  the 
postage  of  such  government,  and  at  any  time  to  revoke  the  same;  and 
all  custom-house  otticers  and  other  United  States  agents  designated  or 
ai)pointed  for  that  i)uri»ose  shall  enforce  or  carry  into  ettect  tiie  forego- 
ing i)rovision,  and  aid  or  assist  in  the  collection  of  such  jmstage,  and  to 
that  end  it  shall  be  lawful  for  such  otticers  ami  agents,  on  suspicion  of 
fraud,  to  ojien  and  examine,  in  the  i»resence  of  two  or  more  respectable 
persons,  being  citizens  of  the  United  States,  any  package  or  packages 
supposed  to  contain  mailable  matter  fonml  on  Ixiaid  such  packets  or 
Other  vessels  or  elsewhere,  and  to  prevent,  if  necessary,  such  [.ackets  or 


120       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

otlier  vessels  from  entering,  breaking  balk,  or  making:  clearance  until 
such  letters  or  other  mailable  matter  are  duly  delivered  into  the  United 
States  post-office. 


SPECIAL,   LOCAL,   AND   ROUTE   AGENTS. 
(Revised  Statutes,  chap.  1'^.) 

Sec.  Sec. 

4017.  Special  agents;  their  salary  and  al-     402L  Agents  on  Isthmus  of  Panama,  &c. 

lowance.  4022.  Agents  on  mail-steamers  to  foreign 

4018.  When  special  agents  to  give  bond.  ports. 

4019.  Assistant  Postmasters-General,  &c.,      4023.  Postal  agencies  in  Chinaand  Japan. 

as  special  agents.  1  4024.  Route-agents. 

4020.  Railway-service   agents   and    their  |  4025.  Clerks  in  railway  post-offices. 

pay. 

Sec.  4017.  The  Postmaster-General  may  employ  two  special  agents 
for  the  Pacitic  coast,  and  such  number  of  other  special  agents  as  the 
good  of  the  service  and  the  safety  of  the  mail  may  require.  Such  agents 
shall  be  entitled  to  a  salary  at  the  rate  of  not  more  than  one  thousand 
six  hundred  dollars  a  year  each,  and  shall  each  be  allowed  for  traveling 
and  incidental  expenses,  while  actually  employed  in  the  service,  a  sum 
not  exceeding  five  dollars  a  day. 

Sec.  4018.  Whenever  a  special  agent  is  required  to  collect  or  disburse 
any  public  money,  he  shall,  before  entering  upon  such  duty,  give  bond 
in  such  sum  and  form,  and  with  such  security,  as  the  Postmaster-Gen- 
eral may  approve. 

Sec.  4019.  The  Postmaster-General  may  employ,  when  the  service  re- 
quires it,  the  Assistant  Postmasters  General  and  superintendents  in  his 
Department  as  special  agents;  and  he  may  allow  them  therefor  not  ex- 
ceeding the  amount  expended  by  them  as  necessary  traveling  expenses 
while  so  employed. 

Sec.  401^0.  The  Postmaster  General  may  appoint  two  agents  to  super- 
intend the  railway  postal  service,  each  of  whom  shall  be  paid  out  of  the 
appropriation  for  the  transportation  of  the  mail,  a  salary  at  the  rate  of 
two  thousand  five  hundred  dollars  a  year,  with  an  allowance  for  travel- 
ing and  incndental  ex])enses,  while  actively  employed  in  the  service,  of 
not  more  than  live  dollars  a  day  ;  and  the  Sixth  Auditor  shall  charge  to 
the  appropriation  tor  mail  transportation  the  salary  and  per  diem  of  the 
assistant  sui)erinteiidents  of  the  postal  railway-service;  and  to  the  ap- 
propriation tor  the  free  delivery  system  the  salary  and  per  diem  of  the 
special  agent  detailed  for  that  service;  and  the  salary  and  per  diem  of 
the  special  agents  employed  in  the  money  order  service  shall  be  paid  out 
of  the  i)roceeds  of  that  service. 

Sec.  4021.  The  Postmaster  General  may  estalilish  resident  mail-agen- 
cies at  the  ports  of  Pnnamaand  Aspinwall,  in  New  Granada;  Havana, 
in  Cuba  ;  at  Saint  Thomas,  and  at  such  other  foreign  ports  at  which 
United  States  mail  steamers  touch  to  land  and  receive  mails,  as  may, 
in  his  judgment,  ))ronu)tethe  efficiency  of  the  foreign  mail  service;  and 
may  ]tay  the  agents  employed  by  him  at  such  ports,  out  of  the  appro- 
priation for  transportation  of  the  mail,  a  reasonable  comi)ensation  for 
their  services,  and  the  necessary  expenses  for  office  tent,  clerk-hire, 
office-furniture,  and  other  incidentals,  to  be  allowed  him  at  each  of  such 
agencies. 

Sec.  4022.  The  Postmaster-General  may  appoint  an  agent  in  charge  of 
the  mail  on  board  of  each  of  the  mail-steamers  on  the  routes  between  San 
Francisco,  Japan,  and  China;  between  San  Francisco  and  Honolulu,  in 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  121 

the  Hawaiiau  Islands,  and  between  New  York  and  Kio  Janeiro,  who 
shall  be  allowed,  out  of  the  })pi)iopriation  for  transportation  of  the  mail, 
a  salary  of  two  thousand  dollars  a  year  each. 

Sec.  4023.  The  rostmaster-General  may  establish,  in  connection  with 
the  mail-steamship  service  to  Japan  and  China,  a  general  postal  agency 
at  Shanghai,  in  Ciiina,  or  at  Yokohama,  in  Japan,  with  such  branch 
agencies  at  any  other  ports  in  China  and  Jai)an  as  he  shall  deem  neces- 
sary for  the  prompt  and  efficient  management  of  the  postal  service  in 
those  countries;  and  he  may  pay  the  postal  agents  employed  thereat  a 
reasonable  compensation  for  their  services,  in  adilition  to  the  necessary 
expenses  for  rent,  furniture,  clerk  hire,  anil  incidental  expenses. 

Sec.  4024:.  The  Postmaster-General  may  employ  as  many  route-agents 
as  may  be  necessary  for  the  prompt  audsafe  transportation  of  the  mail, 
each  of  whom  shall  be  paid,  out  of  the  appropriation  for  transportation 
of  the  mail,  a  salary  at  the  rate  of  not  less  than  nine  hundred  nor  more 
than  one  thousand  two  hundred  dollars  a  year  each. 

Sec.  4025.  The  Postmaster-General  may  appoint  clerks  for  the  pur- 
pose of  assorting  and  distributing  the  mail  in  railway  post-offices,  each 
of  whom  shall  be  paid,  out  of  the  appropriation  for  transportation  of  the 
mail,  a  salary  at  the  rate  of  not  more  than  one  thousand  four  hundred 
dollars  a  year  each  to  the  head  clerks,  nor  more  than  one  thousand  two 
hundred  dollars  a  year  each  to  the  other  clerks.     (Act  of  June  20, 1884.) 

REPEAL   OF   SECTIONS  S976   AND   4203,  REVISED   STATUTES. 

Sec.  23.  That  sections  thirty-nine  hundred  and  seventy-six  and  forty- 
two  hundred  and  three  of  the  Revised  Statutes  of  the  United  States, 
and  all  other  compulsory  laws  and  parts  of  laws  that  oblige  American 
vessels  to  carry  the  mails  to  and  from  the  United  States  arbitrarily,  or 
that  prevent  the  clearance  of  vessels  until  thej'  shall  have  taken  mail 
matter  on  board,  be  and  the  same  are  hereby  repealed,  but  such  repeal 
shall  not  take  effect  until  the  first  day  of  April  eighteen  hundred  and 
eighty-five.     (Act  of  June  20,  1884.) 


PART  Y. 


1.  Navigatiox  rules  and  vessels'  lights. 

2.  Collisions— REVISED  international  regulations. 

3.  Wrecks  and  life-saving  stations. 

4.  Storm  and  weather  signals. 

5.  Fixing  a  common  meridian. 


1.— NAVIGATION  RULES  AND  VESSELS'  LIGHTS. 

(Revised  Statutes,  chap.  5.) 

Sec.  4233.  The  followiDg  rales  for  preventing  collisions  on  the  water 
shall  be  followed  in  the  navigation  of  vessels  of  the  Navy  and  of  the 
mercantile  marine  of  the  United  States  : 


STEAM  AND   SAIL   VESSELS. 

Kule  one.  Every  steam-vessel  which  is  nnder  sail,  and  not  under 
steam,  shall  be  considered  a  sail-vessel ;  and  every  steam -vessel  which 
is  under  steam,  whether  under  sail  or  not,  shall  be  considered  a  steam- 
vessel. 

LIGHTS. 

Rule  two.  The  lights  mentioned  in  the  following  rules,  and  no  others, 
shall  be  carried  in  all  weathers,  between  sunset  and  sunrise. 

Eule  three.  All  ocean-going  steamers,  and  steamers  carrying  sail, 
shall,  when  under  way,  carry — 

(A)  At  the  foremast  head,  a  bright  white  light,  of  such  a  character 
as  to  be  visible  on  a  dark  niglit,  with  a  clear  atmosphere,  at  a  distance 
of  at  least  live  miles,  and  so  constructed  as  to  show  a  uniform  and  un- 
broken light  over  an  arc  of  the  horizon  of  twenty  points  of  the  comijass, 
and  so  fixed  as  to  throw  the  light  ten  points  on  each  side  of  the 
vessel,  namely,  from  right  ahead  to  two  points  abaft  the  beam  on  either 
side. 

(B)  On  the  starboard  side,  a  green  light,  of  such  a  character  as  to  be 
visible  on  a  dark  night,  with  a  clear  atmosphere,  at  a  distance  ot  at 
least  two  miles,  and  so  constructed  as  to  show  a  uniform  and  unbroken 
light  over  an  arc  of  the  horizon  of  ten  points  of  the  compass,  and  so  tixed 
as  to  throw  the  light  from  right  ahead  to  two  points  abatt  the  beam  on 
the  starboard  side. 


124  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

(C)  On  the  port  side,  a  red  light,  of  such  a  character  as  to  be  visible 
on  a  dark  night,  with  a  clear  atmosphere,  at  a  distance  of  at  least  two 
miles,  and  so  constructed  as  to  show  a  uniform  and  unbroken  light  over 
an  arc  of  the  horizon  of  ten  points  of  the  compass,  and  so  fixed  as  to 
throw  the  light  from  right  ahead  to  two  points  abaft  the  beam  on  the 
port  side. 

The  green  and  red  lights  shall  be  fitted  with  inboard  screens,  project- 
ing at  least  three  feet  forward  from  the  lights,  so  as  to  prevent  them 
from  being  seen  across  the  bow. 

Rule  four.  Steam- vessels,  when  towing  other  vessels,  shall  carry  two 
bright  white  masthead  lights  vertically,  in  addition  to  their  side  lights, 
so  as  to  distinguish  them  from  other  steam- vessels.  Each  of  these  mast- 
head lights  shall  be  of  the  same  character  and  construction  as  the  mast- 
head lights  prescribed  by  Rule  three. 

Rnle  five.  All  steam-vessels,  other  than  ocean-going  steamers  and 
steamers  carrying  sail,  shall,  when  under  way,  carry  on  the  starboard 
and  port  side  lights  of  the  same  character  and  construction  and  in  the 
same  position  as  are  prescribed  for  side-lights  by  Rule  three,  except  in 
the  case  provided  in  Rule  six. 

Rule  six.  River-steamers  navigating  waters  tlowing  into  the  Gulf 
of  Mexico,  and  their  tributaries,  shall  carry  the  following  lights,  namely : 
One  red  light  on  the  outboanl  side  of  the  jmrt  smoke-pipe,  and  one  green 
light  on  the  outboard  side  of  the  starboard  smoke-pipe.  Such  lights 
shall  show  both  forward  and  abeam  on  their  respective  sides. 

Rule  seven.  All  coasting  steam-Vessels,  and  steam-vessels  other  than 
ferry-boats  and  vessels  otherwise  expressly  provided  for,  navigating 
the  bays,  lakes,  rivers,  or  other  inland  waters  of  the  United  States, 
except  those  mentioned  in  Rule  six,  shall  carry  the  red  and  green  lights, 
as  prescribed  for  ocean  going  steamers ;  and,  in  addition  thereto,  a 
central  range  of  two  white  lights ;  the  after-light  being  carried  at  an 
elevation  of  at  least  fifteen  feet  above  the  light  at  the  head  of  the  vessel. 
The  head  light  shall  be  so  constructed  as  to  show  a  good  light  through 
twenty  points  of  the  compass,  namely  :  from  right  ahead  to  two  points 
abaft  the  beam  on  either  side  of  the  vessel;  and  the  after  light  so  as  to 
show  all  around  the  horizon.  The  lights  for  ferry  boats  shall  be  regu- 
lated by  such  rules  as  the  board  of  supervising  inspectors  of  steam- vessels 
shall  prescribe. 

Rule  eight.  Sail-vessels,  under  way  or  being  towed,  shall  carry  the 
same  lights  as  steam-vessels  under  way,  with  the  exception  of  the  white 
mast-head  lights,  which  they  shall  never  carry. 

Rule  nine.  Whenever,  as  in  caseof  small  vessels  during  bad  weather, 
"the  green  and  red  lights  cannot  be  fixed,  these  lights  shall  be  kei)t  on 
deck,  on  their  respective  sides  of  the  vessel,  ready  for  instant  exhibition, 
and  shall,  on  the  approach  of  or  to  other  vessels,  be  exhibited  on  their 
res])ective  sides  in  sufficient  time  to  prevent  collision,  in  such  manner  as 
to  make  them  most  visible,  and  so  th;it  the  green  light  shall  not  be  seen 
on  the  port  side,  nor  the  red  light  on  the  starboard  side.  To  make  the 
use  of  these  portable  lights  more  certain  and  easy,  they  shall  each  be 
painte<l  outside  with  the  color  of  the  light  they  respectively  contain,  and 
shall  be  provided  with  suitable  screens. 

Rule  ten.  All  vessels,  whether  steam-vessels  or  sail-vessels,  when  at 
anchor  in  roadsteads  or  fairways,  shall,  between  sunset  and  sunrise,  ex- 
hibit where  it  can  best  be  seen,  but  at  a  height  not  exceeding  twenty 
feet  above  the  hull,  a  white  light  in  a  globular  lantern  of  eight  inches  in 
diameter,  and  so  constructed  as  to  show  a  clear,  uniform,  and  unbroken 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  125 

light,  visible  all  around  the  horizon,  and  at  a  distance  of  at  least  one 
mile. 

Kale  eleven.  Sailino-  pilot-vessels  shall  not  carry  the  lights  required 
for  other  sailing-vessels,  but  shall  carry  a  white  light  at  the  masthead, 
visible  all  around  the  horizon,  and  shall  also  exhibit  a  Hare-up  light 
every  fifteen  minutes. 

Kule  twelve.  Coal  boats,  trading-boats,  produce-boats,  canal-boats, 
oyster-boats,  fishing-boats,  rafts,  or  other  water  craft,  navigating  any 
bav,  harbor,  or  river,  by  hand-i)0wer, horse  power,  sitil,  or  by  the  current 
of  the  river,  or  which  sliall  be  anchored  or  moored  m  or  near  the  channel 
or  fairway  of  any  bay,  harbor,  or  river,  shall  cany  one  or  more  good 
white  lights,  which  shall  be  placed  in  such  manner  as  shall  be  prescribed 
by  the  board  of  su{)er\ising  insi)ectors  of  steam-vessels. 

Rule  thirteen.  Open  boats  sliall  not  be  required  to  carry  the  side- 
lights required  for  other  vessels,  but  shall,  if  they  do  not  carry  such 
lights,  cany  a  lantern  having  a  green  slide  on  one  side  and  a  red  slide 
on  the  other  side;  and,  on  the  approach  of  or  to  other  vessels,  such 
lantern  shall  be  exhibited  in  sufBcient  time  to  ])revent  collision,  and  in 
such  a  manner  that  the  green  light  shall  not  be  seen  on  the  i)ort  side, 
nor  the  red  light  on  the  starboard  side.  Open  boats,  when  at  anchor 
or  stationary,  shall  exhibit  a  bright  white  light.  They  shall  not,  how- 
ever, be  prevented  from  using  a  flare-up,  in  addition,  if  considered  ex- 
pedient. 

Eule  fourteen.  The  exhibition  of  any  light  on  board  of  a  vessel  of  war 
of  the  Tnited  States  may  be  suspended  whenever,  in  the  opinion  of  the 
Secretaiy  of  the  ^avy,  the  commander-in-chief  of  a  squadron,  or  the 
commander  of  a  vessel  acting  singly,  the  special  character  of  the  service 
may  require  it. 

FOG  SIGNALS. 

Rule  fifteen.  Whenever  there  is  a  fog,  or  thick  weather,  whether  by 
day  or  night,  fog-signals  shall  be  used,  as  follows: 

(A)  Steam-vessels  under  way  shall  sound  a  steam-whistle  placed  be- 
fore the  funnel,  not  less  than  eight  feet  from  the  deck,  at  intervals  of  not 
more  than  one  minute. 

(B)  Sail- vessels  under  way  shall  sound  a  fog-horn  at  intervals  of  not 
more  than  five  minutes. 

(0)  Steam-vessels  and  sail-vessels,  when  not  under  way,  shall  sound  a 
bell  at  intervals  of  not  more  than  five  minutes. 

(D)Caual-boats,tradiug-boats,produce-boats,caual-boats,oyster-boats, 
fishing-boats,  rafts,  or  other  water-craft,  navigating  any  bay,  harbor,  or 
river,  by  hand  power,  horse-power,  sail,  or  by  the  current  of  the  river, 
or  anchored  or  moored  in  or  near  the  channel  or  fairway  of  any  bay, 
harbor,  or  rivei',  and  not  in  any  port,  shall  sound  a  fog  horn,  or  equivaleut 
signal,  which  shall  make  a  sound  equal  to  a  steam-whistle,  at  intervals 
of  not  more  than  two  minutes. 

STEERING   AND   SAILING   RULES. 

Rule  sixteen.  If  two  sail-vessels  are  meeting  end  on,  or  nearly  end  on, 
so  as  to  involve  risk  of  collision,  the  helms  of  both  shall  be  put  to  port, 
so  that  each  may  pass  on  the  port  side  of  the  other. 

Rule  seventeen.  When  two  sail-vessels  are  crossing  so  as  to  involve 
risk  of  collision,  then,  if  they  have  the  wind  on  difierent  sides,  the  ves- 
sel with  the  wind  on  the  port  sule  shall  keej)  out  of  the  way  of  the  ves- 
sel with  the  wind  on  the  starboard  side,  except  in  the  case  in  which  the 


126  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

vessel  with  tlie  wind  on  tbe  port  side  is  close-bauled,  and  the  other  ves- 
sel free,  in  which  case  the  latter  vessel  shall  keep  out  of  the  way.  But 
if  they  have  the  wind  on  the  same  side,  or  if  one  of  them  has  the  wind 
aft,  tlie  vessel  which  is  to  windward  shall  keep  out  of  the  way  of  the 
vessel  which  is  to  leeward. 

Rule  eighteen.  If  two  vessels  under  steam  are  meeting  end  on,  or 
nearly  end  on,  so  as  to  involve  risk  of  collision,  the  helms  of  both  shall 
be  put  to  ])ort,  so  that  each  may  pass  on  the  i>ort  side  of  the  other. 

Eule  nineteen.  If  two  vessels  under  steam  fjre  crossing  so  as  to  involve 
risk  of  collision,  the  vessel  which  has  the  other  on  her  own  starboard 
side  shall  keep  out  of  the  way  of  the  other. 

Eule  twenty.  If  two  vessels,  one  of  which  is  a  a  sail-vessel  and  the 
other  a  steam-vessel,  are  proceeding  in  such  directions  as  to  involve  risk 
of  collision,  the  steam-vessel  shall  keep  out  of  the  way  of  the  sail-vessel. 

Rule  twenty-one.  Every  steam-vessel,  when  approaching  another  ves- 
sel, so  as  to  involve  risk  of  collision,  shall  slacken  her  speed,  or,  if  nec- 
cessary,  stop  and  reverse ;  and  evejy  steam-vessel  shall,  when  in  a  fog, 
go  at  a  moderate  speed. 

Rule  twenty -two.  Every  vessel  overtaking  any  other  vessel  shall  keep 
out  of  the  way  of  the  last-mentioned  vessel. 

Rule  twenty-three.  Where,  by  Rules  seventeen,  nineteen,  twenty,  and 
twenty-two,  one  of  two  vessels  shall  keep  out  of  the  way,  the  other  shall 
kee])  her  course,  subject  to  the  qualifications  of  Rule  twenty  four. 

Rule  twenty-four.  In  construing  and  obeying  these  rules,  due  regard 
must  be  had  to  all  dangers  of  navigation,  and  to  any  special  circum- 
stances which  may  exist  in  any  i)articular  case  rendering  a  departure 
from  them  necessary  in  order  to  avoid  immediate  danger. 

Sec.  4234.  Collectors,  or  other  chief  ofiicers  of  the  customs,  shall  re- 
quire all  sail-vessels  to  be  furnished  with  proi)er  signal-lights,  and  every 
such  vessel  shall,  on  the  approach  of  any  steam  vessel  during  the  night- 
time, show  a  lighted  torch  u])on  that  point  or  quarter  to  which  such 
steam-vessel  shall  be  a])proaching.  Every  such  vessel  that  shall  be  nav- 
igated without  complying  with  the  provisions  of  this  and  the  preceding 
section,  shall  be  liable  to  a  penalty  of  two  hundred  dollars,  one-half  to  go 
to  the  informer ;  for  which  sum  the  vessel  so  navigated  shall  be  liable, 
and  may  be  seized  and  })roceeded  against  by  way  oif  libel,  in  any  district 
court  of  the  United  States  having  jurisdiction  of  the  oflense. 


2. -COLLISIONS— REVISED  INTERNATIONAL  REGULATIONS. 

AN  ACT  to  adopt  the  "Revised  luternatioual  Regulations  for  Preventing  Collisions 

at  Sea." 

Beit  enacted  by  the  tSenate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  following  "Revised 
International  Rules  and  Regulations  for  Preventing  Collisions  at  Sea" 
shall  be  followed  in  the  navigation  of  all  ])ublic  and  private  vessels  of 
the  United  States  upon  the  high  seas  and  in  all  coast  waters  of  the 
United  States,  excei>t  such  as  are  otherwise  provided  for,  namely: 

"Article  1.  In  the  following  rules  every  steamship  which  is  under 
sail  and  not  under  steam  is  to  be  considered  a  sailing-ship,  and  every 
steamship  which  is  under  steam,  whether  under  sail  or  not,  is  to  be 
considered  a  ship  under  steam. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  127 

"RULES   CONCERNING   LIGHTS. 

"Art.  2.  The  lights  meutioned  iu  tlie  following-  articles  numbered 
three,  four,  five,  six,  seven,  eight,  nine,  ten,  and  eleven,  and  no  others, 
shall  be  carried  iu  all  weathers,  from  sunset  to  sunrise. 

"Art.  3.  A  sea  going  steamship,  when  under  way,  shall  carry — 

"(a)  On  or  in  front  of  the  foremast,  at  a  lieight  above  the  hull  of  not 
less  than  twenty  feet,  and  if  the  breadth  of  tlie  ship  exceeds  twenty 
feet,  then  at  a  height  above  the  hull  not  less  than  such  breadth,  a  bright 
white  light,  so  constructed  as  to  show  a  uniform  and  unbrokeu  light 
over  an  arc  of  the  horizon  of  twenty  points  of  the  compass,  so  fixed  as 
to  throw  the  light  teu  points  on  each  side  of  the  ship,  namely,  from  right 
ahead  to  two  points  abaft  the  beam  on  either  side,  and  of  such  a  char- 
acter as  to  be  visible  on  a  dark  night,  with  a  clear  atmosphere,  at  a  dis- 
tance of  at  least  five  miles. 

"(?>)  On  the  starboard  side  a  green  light,  so  constructed  as  to  show  a 
uniform  and  unbrokeu  light  over  an  arc  of  the  horizon  of  ten  points  of 
the  compass,  so  fixed  as  to  throw  the  light  from  right  ahead  to  two 
points  abaft  the  beam  on  the  starboard  side,  and  of  such  a  character  as 
to  be  visible  on  a  dark  night,  with  a  clear  atmosphere,  at  a  distance  of 
at  least  two  miles. 

"(c)  On  the  port  side  a  red  light,  so  constructed  as  to  show  a  uni- 
form and  unbroken  light  over  an  arc  of  the  horizon  of  ten  points  of  the 
compass,  so  fixed  as  to  throw  the  light  from  right  ahead  to  two  points 
abaft  the  beam  on  the  port  side,  and  of  such  a  character  as  to  be  visi- 
ble on  a  dark  night,  with  a  clear  atmosphere,  at  a  distance  of  at  least 
two  miles. 

"(^Z)  The  said  green  and  red  side-lights  shall  be  fitted  with  inboard 
screens  projecting  at  least  three  feet  forward  from  the  light,  so  as  to 
prevent  these  lights  from  being  seen  across  the  bow. 

"Art.  4.  A  steamship  when  towing  another  ship  shall,  in  addition  to 
her  side-lights,  carry  two  bright  white  lights  in  a  vertical  line,  one  over 
the  other,  not  less  than  three  feet  apart,  so  as  to  distinguish  her  from 
other  steamships.  Each  of  these  lights  shall  be  of  the  same  construc- 
tion and  character,  and  shall  be  carried  in  the  same  position,  as  the 
white  light  which  other  steamships  are  required  to  carry. 

"Art.  5  {a)  A  ship,  whether  a  steamship  or  a  sailingship,  which  from 
any  accident  is  not  under  command,  shall  at  night  carry,  iu  the  same 
position  as  the  white  light  which  steamships  are  required  to  carry,  and 
if  a  steamship,  in  place  of  that  light,  three  red  lights  in  globular  lan- 
terns, each  not  less  tban  ten  inches  in  diameter,  in  a  vertical  line,  one 
over  the  other,  not  less  than  three  feet  apart,  and  of  such  a  character  as 
to  be  visible  on  a  dark  night,  with  a  clear  atmosphere,  at  a  distance  of 
at  least  two  miles  and  shall  by  day  carry  in  a  vertical  line,  one  over  the 
other,  not  less  than  three  feet  apart,  in  front  of  but  not  lower  than  her 
foremast  head,  three  black  balls  or  shapes,  each  two  feet  in  diameter. 

"  (b)  A  ship,  wiiether  a  steamshii)  or  a  sailing-ship,  employed  in  laying 
or  iu  picking  uj)  a  telegraph  cable,  shall  at  night  carry,  in  the  same  posi- 
tion as  the  white  light  which  steamships  are  required  to  carry,  and  if  a 
steamship,  in  place  of  that  light,  three  lights  m  globular  lanterns,  each 
not  less  than  ten  inches  in  diameter,  in  a  vertical  line,  over  one  another, 
not  less  than  six  feet  apart.  The  highest  and  lowest  of  these  lights 
shall  be  red,  and  the  middle  lightshall  be  white,  and  they  shall  be  of  such 
a  character  that  the  red  lights  shall  be  visible  at  the  same  distance  as 
the  white  light.  By  day  she  shall  carry,  in  a  vertical  line,  one  over  the 
other,  not  less  than*  six  feet  apart,  in  front  of  but  not  lower  than  her 


128  NAVIGATION    LAWS    OF    THIO    UNITED    STATES. 

foremastbead,  three  sba])es  not  less  than  two  feet  in  diameter,  of  wbicb 
tbe  top  and  bottom  sball  be  globubir  in  sbape  and  red  in  color,  and  tbe 
middle  one  diamond  in  sbape  and  wbite. 

"(c)  Tbe  sbips  referred  to  in  tbis  article  wben  not  making  any  way 
tbrougb  tbe  water  sball  not  carry  tbe  side-ligbts,  bnt  wben  making  way 
sball  carry  tbem 

"(r?)  Tbe  ligbts  and  shapes  required  to  be  shown  by  tbis  articfe  are 
to  be  taken  by  other  sbips  as  signals  that  tbe  shij)  showing  tbem  is  not 
under  command,  and  cannot  therefore  get  out  of  tbe  way.  Tbe  signals 
to  be  made  by  sbii)s  in  distress  and  requiring  assistance  are  contained 
in  article  twenty-seven. 

"Art.  0.  A  sailing  sbij)  under  way  or  being  towed  sball  carry  the 
same  lights  as  are  i)rovided  by  article  three  for  a  steamsbij)  under  way, 
with  tbe  exception  of  the  wbite  light,  which  she  shall  never  carry. 

"Art.  7.  Whenever,  as  in  tbe  case  of  small  vessels  during  bad  weather, 
tbe  green  and  red  side  lights  cannot  be  fixed,  these  lights  sball  be  kejit 
on  deck,  on  their  res]>ective  sides  of  the  vessel,  ready  for  use,  and  shall, 
on  the  api>roacb  of  or  to  other  vessels,  be  exhibited  on  their  respective 
sides  in  sufQcient  time  to  prevent  collision,  in  such  manner  as  to  make 
them  most  visible,  and  so  that  the  green  light  shall  not  be  seen  on  tbe 
port  side  nor  the  red  light  on  the  starboaid  side.  To  make  tbe  use  of 
these  portable  ligbts  more  certain  and  easy,  the  lanterns  containing 
them  shall  each  be  painted  outside  with  the  color  of  the  light  they  re- 
spectively contain,  and  shall  be  provided  with  proper  screens. 

"Art.  8.  A  ship,  whether  a  steamship  or  a  sailing-ship,  wben  at 
anchor,  sball  carry,  where  it  can  best  be  seen,  but  at  a  height  not  ex- 
ceeding twenty  feet  above  tbe  bull,  a  white  light,  in  a  globular  lantern 
of  not  less  than  eight  inches  in  diameter,  and  so  constructed  as  to  show 
a  clear,  uniform,  and  unbroken  light,  visible  all  round  tbe  horizon  at  a 
distance  of  at  least  one  mile. 

"Art.  9.  A  pilot  vessel,  wben  engaged  on  her  station  on  pilotage  duty, 
sball  not  carry  the  ligbts  required  for  other  vessels,  but  sball  carry  a 
white  light  at  the  masthead,  visible  all  round  tbe  horizon,  and  shall 
also  exhibit  aiiare-up  light  or  a  iiare-up  lights  at  short  intervals,  which 
shall  never  exceed  fifteen  minutes.  A  pilot  vessel,  when  not  engaged 
on  her  station  on  pilotage  duty,  sball  carry  lights  similar  to  those  of  other 
ships. 

"Art.  10.  Open  boats  and  fishing-vessels  of  less  than  twenty  tons 
net  registered  tonnage,  wben  under  way,  and  when  not  having  their 
nets,  trawls,  dredges,  or  lines  in  the  water,  shall  not  be  obliged  to  carry 
tbe  colored  side-lights;  but  every  such  boat  and  vessel  sball  in  lieu 
thereof  have  ready  at  hand  a  lantern  with  a  green  glass  on  tbe  one  side 
and  a  red  glass  on  the  other  side,  and  on  approaching  to  or  being  ap- 
proached by  another  vessel  such  lantern  sball  be  exhibited  in  sufficient 
time  to  prevent  collision,  so  that  tbe  green  light  shall  not  be  seen  on 
the  ])ort  side  nor  the  red  light  on  tbe  starboard  side. 

"The  following  portion  of  tbis  article  applies  only  to  fishing-vessels 
and  boats  wben  in  the  sea  off  tbe  coast  of  Europe  lying  north  of  Cape 
Finisterre : 

"(a)  All  fishing-vessels  and  fishing-boats  of  twenty  tons  net  registered 
tonnage  or  upward,  when  under  way  and  when  not  having  their  nets, 
trawls,  dredges,  or  lines  in  tbe  water,  sball  carry  and  show  the  same 
lights  as  other  vessels  under  way. 

"(Z>)  All  vessels  when  engaged  in  fishing  with  drift-netfe  shall  exhibit 
two  white  lights  from  any  part  of  tbe  vessel  where  they  can  be  best 
seen.     Such  lights  sball  be  placed  so  that  the  vertical  distance  between 


NAVIGATION   LAWS    OF    THE    UNITED    STATES.  129 

tlieni  shall  be  not  less  than  six  feet  and  not  more  than  ten  feet,  and  so 
that  the  horizontal  distance  between  tlieni,  measured  in  a  line  with  the 
keel  of  the  vessel,  shall  be  not  less  than  five  feet  and  not  more  than  ten 
feet.  The  lower  of  these  two  lights  shall  be  the  more  forward,  and  both 
of  them  shall  be  of  such  a  character  and  contained  in  lanterns  of  such 
construction  as  to  show  all  around  the  liorizon,  on  a  dark  night,  with  a 
clear  atmosphere,  for  a  distance  of  not  less  than  three  miles. 

"((;)  All  vessels  when  trawling,  dredging,  or  fishing  with  any  kind  of 
drag-nets  shall  exhibit,  from  some  part  of  the  vessel  where  the}'  can  be 
best  seen,  two  lights.  One  of  these  lights  shall  be  red  and  the  other  shall 
be  white.  The  red  light  shall  be  above  the  white  light,  and  shall  be  at 
a  vertical  distance  from  it  of  not  less  than  six  feet  and  not  more  than 
twelve  feet;  and  the  horizontal  distance  between  them,  if  any,  shall  not 
be  more  than  ten  feet.  These  two  lights  shall  be  of  such  a  character 
and  contained  in  lanterns  of  such  construction  as  to  be  visible  all  around 
the  horizon,  on  a  dark  night,  with  a  clear  atmosphere,  the  white  light 
to  a  distance  of  not  less  than  three  miles  and  the  red  light  of  not  less 
than  two  miles. 

"((?)  A  vessel  employed  in  line-fishing,  with  her  lines  out,  shall  carry 
the  same  lights  as  a  vessel  when  engaged  in  fishing  with  drift-nets. 

"(e)  If  vessel,  when  fishing  with  a  trawl,  dredge,  or  any  kind  of  drag- 
net, becomes  stationary  in  consequence  of  her  gear  getting  fast  to  a  rock 
or  other  obstruction,  she  shall  show  the  light  and  make  the  fog-signal 
for  a  vessel  at  anchor. 

"(/)  Fishing- vessels  and  open  boats  may  at  any  time  use  a  flare-up  in 
addition  to  the  lights  which  they  are  by  this  article  required  to  carry 
and  show.  All  flare-up  lights  exhibited  by  a  vessel  when  trawling, 
dredging,  or  fishing  with  any  kind  of  drag-net  shall  be  shown  at  the 
after-part  of  the  vessel,  excepting  that  if  the  vessel  is  hanging  by  the 
stern  to  her  trawl,  dredge,  or  drag-net  they  shall  be  exhibited  from  the 
bow. 

"(</)  Every  fishing- vessel  and  every  open  boat  when  at  anchor  between 
sunset  and  sunrise  shall  exhibit  a  white  light,  visible  all  around  the 
horizon  at  a  distance  of  at  least  one  mile. 

"(/t)  In  a  fog  a  drift-net  vessel  attached  to  her  nets,  and  a  vessel 
when  trawling,  dredging,  or  fishing  with  any  kind  of  drag-net,  and  a 
vessel  employed  in  line-fishing  with  her  lines  out,  shall,  at  intervals  of 
not  more  than  two  minutes,  make  a  blast  with  her  fog-horn  and  ring 
her  bell  alternately. 

"Art.  11.  A  ship  which  is  being  overtaken  by  another  shall  show 
from  her  stern  to  such  last-mentioned  ship  a  white  light  or  a  flare-up 
light. 

SOUND   SIGNALS  FOR  FOG,  AND   SO   FORTH. 

"Art.  12.  A  steamship  shall  be  provided  with  a  steam-whistle  or 
other  efficient  steam  sound  signals,  so  placed  that  the  sound  may  not 
be  intercepted  by  any  obstructions,  and  with  an  efficient  fog-horn,  to  be 
sounded  by  a  bellows  or  other  mechanical  means,  and  also  with  an  effi- 
cient bell  (In  all  cases  where  the  regulations  require  a  bell  to  be  used, 
a  drum  will  be  substituted  on  board  Turkish  vessels.)  A  sailing-ship 
shall  be  provided  with  a  similar  fog-horn  and  bell. 

"In  fog,  mist,  or  falling  snow,  whether  l)y  day  or  night,  the  signals  de- 
scribed in  this  article  shall  be  used  as  follows,  that  is  to  say: 

"(a)  A  steamship  under  way  shall  make  with  her  steam-whistle  or 
H.  Mis.  391 9 


130       NAVIGATION  LAWS  OF  THE  UNITED  STATES, 

Other  steam  sound  signal,  at  intervals  of  not  more  than  two  minutes,  a 
prolonged  blast. 

"(Zj)  a  sailing-ship  under  way  shall  make  her  fog-horn,  at  intervals 
of  not  more  than  two  minutes,  when  on  the  starboard  tack  one  blast, 
when  on  the  port  tack  two  blasts  in  succession,  and  when  with  the  wind 
abaft  the  beam  three  blasts  in  succession. 

"(c)  A  steamship  and  a  sailing-ship  when  not  under  way  shall,  at  in- 
tervals of  not  more  than  two  minutes,  ring  the  bell. 

SPEED  OF  SHIPS  TO  BE  MODERATE  IN  FOG,  AND  SO  FORTH. 

"Art.  13.  Every  ship,  whether  a  sailing-ship  or  a  steamship,  shall  in 
a  fog,  mist,  or  falling  snow  go  at  a  moderate  speed. 

STEERING  AND   SAILING   RULES. 

"Art.  14.  When  two  sailing-ships  are  approaching  one  another  so  as 
to  involve  risk  of  collision,  one  of  them  shall  keep  out  of  the  way  of  the 
other  as  follows,  namely  :  , 

"(a)  A  ship  which  is  running  free  shall  keep  out  of  the  way  of  a  ship 
which  is  close  hauled. 

"(6)  A  ship  which  is  close  hauled  on  the  port  tack  shall  keep  out  of 
the  way  of  a  ship  which  is  close  hauled  on  the  starboard  tack. 

"(c)  When  both  are  running  free,  with  the  wind  on  difl'ereut  sides, 
the  ship  which  has  the  wind  on  the  port  side  shall  keep  out  of  the  way 
of  the  other. 

"(rf)  When  both  are  running  free,  with  the  wind  on  the  same  side,  the 
ship  which  is  to  windward  shall  keep  out  of  the  way  of  the  ship  which 
is  to  leeward. 

"(e)  A  ship  which  has  the  wind  aft  shall  keep  out  of  the  way  of  the 
other  ship. 

"Art.  15.  If  two  ships  under  steam  are  meeting  end  on,  or  nearly 
end  on,  so  as  to  involve  risk  of  collision,  each  shall  alter  her  course  to 
starboard,  so  that  each  may  pass  on  the  port  side  of  the  other.  This 
article  only  applies  to  cases  where  ships  are  meeting  end  on,  or  nearly 
end  on,  in  such  a  manner  as  to  involve  risk  of  collision,  and  does  not  ap- 
ply to  two  ships  which  must,  if  both  keep  on  their  respective  courses, 
pass  clear  of  each  other.  The  only  cases  to  which  it  does  apply  are 
when  each  of  the  two  ships  is  end  on,  or  nearly  end  on,  to  the  other; 
in  other  words,  to  cases  in  which  by  day  each  ship  sees  the  masts  of 
the  other  in  a  line,  or  nearly  in  a  line,  with  her  own,  and  by  night  to 
cases  in  which  each  ship  is  in  such  a  position  as  to  see  both  the  side- 
lights of  the  other.  It  does  not  apply  by  day  to  cases  in  which  a  ship 
sees  another  ahead  crossing  her  own  course,  or  by  night  to  cases  where 
the  red  light  of  one  ship  is  opposed  to  the  red  light  of  the  other,  or 
where  the  green  light  of  one  ship  is  opposed  to  the  green  light  of  the 
other,  or  where  a  red  light  without  a  green  light,  or  a  green  light  with- 
out a  red  light,  is  seen  ahead,  or  where  both  green  and  red  lights  are 
seen  anywhere  but  ahead. 

"Art.  10.  If  two  ships  under  steam  are  crossing  so  as  to  involve 
risk  of  collision,  the  ship  which  has  the  other  on  her  own  starboard  side 
shall  keep  out  of  the  way  of  the  other. 

"Art.  17.  If  two  ships,  one  of  which  is  a  sailing-ship  and  the  other 
a  steamship,  are  proceeding  in  such  directions  as  to  involve  risk  of  col- 
lision, the  steamship  shall  keep  out  of  the  way  of  the  sailing-ship. 

"Art.  18.  Every  steamship,  when  approaching  another  ship  so  as  to 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  131 

involve  risk  of  collision  shall  slacken  her  speed,  or  stop  and  reverse,  if 
necessary. 

"Art.  19.  In  taking  any  course  authori/AHl  or  required  by  these  regu- 
lations, a  steanishii)  under  wa}'  may  indicate  that  course  to  any  other 
ship  which  she  has  in  sight  by  the  following  signals  on  her   steam- 
whistle,  namely : 
"One  short  blast  to  mean  'E  am  directing  my  course  to  starboard.' 
"Two  short  blasts  to  n.ean  '1  am  directing  my  course  to  port.' 
"Three  short  blasts  to  mean  'I  am  going  full  speed  astern.' 
"The  use  of  these  signals  is  optional,  but  if  they  are  used  the  course 
of  the  ship  must  be  iu  accordance  with  the  signal  made. 

"Art.  20.  Notwithstanding  anything  contained  in  any  preceding  arti- 
cle, every  ship,  whether  a  sailing-ship  or  a  steamship,  overtaking  any 
other  shall  keep  out  of  the  way  of  the  overtaken  shii). 

"Art.  21.  In  narrow  channels  every  steauiship  shall,  when  it  is  safe 
and  i)racticable,  keep  to  that  side  of  the  fairway  or  mid-channel  which 
lies  on  the  starboard  side  of  such  ship. 

"AuT.  22.  Where  by  the  above  rules  one  of  two  ships  is  to  keep  out 
of  the  way.  the  other  shall  keep  her  course. 

"Art.  23.  In  obeying  and  construing  these  rules  due  regard  shall  be 
had  to  all  dangers  of  navigation,  and  to  any  special  circumstances 
which  may  render  a  departure  from  the  above  rules  necessary  in  order 
to  avoid  immediate  danger. 

"NO  SHIP,  UNDER  ANY  CIRCUMSTANCES,  TO  NEGLECT  PROPER  PRE- 
CAUTIONS. 

"Art.  2-1.  Nothing  in  these  rules  shall  exonerate  any  ship,  or  the 
owner,  or  master,  or  crew  thereof,  from  the  consequences  of  any  neglect 
to  carry  lights  or  signals,  or  of  any  neglect  to  keep  a  proper  look-out,  or 
of  the  neglect  of  any  precaution  which  may  be  required  by  the  ordinary 
practice  of  seamen  or  by  the  special  circumstances  of  the  case. 

"RESERVATION   OF   RULES   FOE   HARBOR   AND   INLAND   NAVIGATION. 

"Art.  2.").  Nothing  in  these  rules  shall  interfere  with  the  operation 
of  a  special  rule,  duly  made  by  local  authority,  relative  to  the  naviga- 
tion of  any  harbor,  river,  or  inland  navigation. 

"SPECIAL   LIGHTS  FOR   SQUADRONS   AND    CONVOYS. 

"Art.  26.  Nothing  in  these  rules  shall  interfere  with  the  operation 
of  any  special  rules  made  by  the  Government  of  any  nation  with  resi)ect 
to  additional  station  and  signal  lights  for  two  or  more  ships  of  war  or 
for  ships  sailing  under  convoy. 

"Art.  27.  When  a  ship  is  in  distress  and  requires  assistance  from 
other  ships  or  from  the  shore,  the  following  shall  be  the  signals  to  be 
used  or  disi)layed  by  her,  either  together  or  separately,  that  is  to  say : 

"  In  the  daytime — 

"First.  A  gun  fired  at  intervals  of  about  a  minute. 

"Second.  The  international  code  signal  of  distress  indicated  by  N  C. 

"Third.  The  distant  signal,  consisting  of  a  square  flag,  having  either 
above  or  below  it  a  ball,  or  anything  resembling  a  ball. 

"At  night— 

"First.  A  gun  fired  at  intervals  of  about  a  minute. 

"Second.  Flames  on  the  ship  (as  from  a  burning  tar-barrel,  oil-barrel, 
and  so  forth). 


132  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

"Third.  Rockets  or  shells,  throwing  stars  of  any  color  or  description, 
fired  one  at  a  time,  at  short  intervals." 

Sec.  2.  That  all  laws  and  parts  of  laws  inconsistent  with  the  forego- 
ing "Revised  International  Rnles  and  Regulations"  for  the  navigation 
of  all  public,  and  private  vessels  of  the  United  States  upon  the  high 
seas,  and  in  all  coast  waters  of  the  United  States,  are  hereby  repealed, 
except  as  to  the  navigation  of  such  vessels  within  the  harbors,  lakes,  and 
inland  waters  of  the  United  States;  and  that  this  act  shall  take  effect 
and  be  in  force  from  and  after  the  first  day  of  September,  anno  Domini 
eighteen  hundred  and  eighty-four. 

Approved,  March  3d,  1885. 


ROWBOATS,  ETC.,   ON   ST.   LAWRENCE   RIVER  NOT   TO   CARRY  LIGHTS. 

Sec.  Ifi.  That  rule  twelve  of  section  forty-two  hundred  and  thirty- 
three  of  the  Revised  Statutes  shallbe  so  construed  as  not  to  require  row- 
boats  and  skiffs  upon  the  river  St.  Lawrence  to  carry  lights.  (Act  of 
June  19, 1886.) 


3.— WRECKS  AND  LIFE-SAVING  STATIONS. 

Sec.  4238.  Consuls  and  vice-consuls,  in  cases  where  vessels  of  the 
United  States  are  stranded  on  the  coasts  of  their  consulates  respectively, 
shall,  as  far  as  the  laws  of  the  country  will  permit,  take  proper  measures, 
as  well  for  the  purpose  of  saving  the  vessels,  their  cargoes  and  appur- 
tenances, as  for  storing  and  securing  the  effects  and  merchandise  saved, 
and  for  taking  inventories  thereof;  and  the  merchandise  and  effects 
saved,  with  the  inventories  thereof  so  taken,  shall,  after  deducting  there- 
from the  expenses,  be  delivered  to  the  owners.  No  consul  or  vice-con- 
sul shall  have  authority  to  take  possession  of  any  such  merchandise,  or 
other  property,  when  the  master,  owner,  or  consignee  thereof  is  present 
or  capable  of  taking  possession  of  the  same. 

Sec.  4239.  All  property,  of  any  description  whatsoever,  which  shall 
be  taken  from  any  wreck,  from  the  sea,  or  from  any  of  the  keys  and 
shoals,  within  the  jurisdiction  of  the  United  States,  on  the  coast  of 
Florida,  shall  be  brought  to  some  port  of  entry  within  the  jurisdiction 
of  the  United  States. 

Sec.  4240.  Every  vessel  which  shall  be  engaged  or  employed  in 
carrving  or  transporting  any  property  whatsoever,  taken  from  any 
wreck,  from  the  sea,  or  from  any  of  the  keys  or  shoals,  within  the  juris- 
diction of  the  United  States,  on  the  coast  of  Florida,  to  any  foreign 
port,  shall,  together  with  her  tackle,  apparel,  and  fnrniture,  be  forfeited, 
and  all  forfeitures  incurred  by  virtue  of  this  section  shall  accrue,  one 
moiety  to  the  informer  and  tlie  other  to  the  United  States. 

Sec.  4241.  No  vessel,  or  master  thereof,  shall  be  regularly  employed 
in  the  business  of  wrecking  on  the  coast  of  Florida  without  the  license 
of  the  judge  of  the  district  court  for  the  district  of  Florida  ;  and,  before 
licensing  any  vessel  or  master,  the  judge  shall  be  satisfied  that  the 
vessel  is  sea-worthy,  and  properly  and  sufficiently  fitted  aiid  equipped 
for  the  business  of  "saving  property  shipwrecked  and  in  distress;  and 
that  the  master  thereof  is  trustworthy,  and  innocent  of  any  fraud  or 
misconduct  in  relation  to  any  property  shipwrecked  or  saved  on  the 
coast. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  133 

Sec.  4242.  The  Secretary  of  the  Treasury  may  establish  such  stations 
ou  the  coasts  of  Lono^  Ishmd  and  New  Jersey,  for  aflbrding  aid  to  ship- 
wrecked vessels  thereon,  and  may  make  such  changes  in  the  location 
of  the  existing  stations,  and  make  such  repairs  and  furnish  such  api)a- 
ratus  and  supplies,  as  njay,  in  his  judgment,  be  best  adapted  to  the 
preservation  of  life  and  proi)erty  from  such  shipwrecked  vessels. 

Sec.  4243.  The  Secretary  of  the  Treasury  may  appoint,  at  each  of  the 
stations  established  under  the  provisions  of  the  preceding  section,  a 
keeper,  at  a  compensation  not  exceeding  two  hundred  dollars  a  year, 
and  a  superintendent,  who  shall  also  have  the  powers  and  perform  the 
duties  of  an  inspector  of  the  customs  for  each  of  the  coasts  therein  men- 
tioned; and  he  shall  give  such  keepers  and  superintendents  proper  instruc- 
tions relative  to  the  duties  to  be  required  of  them. 

Sec.  4244.  The  Secretary  of  the  Treasury  may  also  employ  crews  of  ex- 
perienced surfmen  at  such  statious  on  the  coasts  of  Long  Island  and  Xew 
Jersey  and  for  such  periods  as  he  may  deem  necessary  and  proper,  and 
at  such  compensation  as  he  may  deem  reasonable,  not  to  exceed  forty 
dollars  a  month  for  each  person  to  be  employed. 

Sec.  4245.  The  Secretary  of  the  Treasury  may  also  establish  such 
statious  at  such  light-houses  as,  in  his  Judgment,  he  shall  deem  best, 
and  the  keepers  of  such  lights  shall  take  charge  of  such  boats  and 
apparatus  as  may  be  put  in  their  charge  respectively,  as  a  part  of  their 
official  duties. 

Sec.  4240.  Xo  boat  shall  be  purchased  and  located,  under  the  pro- 
visions of  tlie four  prece<lingsections,at any  pointotherthau  on  the  coasts 
of  Long  Island  and  New  Jersey,  unless  the  same  be  placed  in  the  im- 
mediate care  of  an  officer  of  the  Government,  or  unless  bond  shall  be 
given  by  ])roper  individuals,  living  in  the  neighborhood,  conditioned 
for  the  care  and  preservation  of  the  same,  and  its  application  to  the 
uses  intended. 

*Sec.  4247.  The  Secretary  of  the  Treasury  may  appoint  a  keeper  for 
each  of  the  ten  life-saving  stations  on  the  coasts  of  Cape  Cod,  Massa- 
chusetts, and  Block  Island,  Rhode  Island,  whose  compensation  shall  be  at 
the  rate  of  two  hundred  dollars  per  annum,  and  may  employ  crews  of 
experienced  surfmen  at  such  stations  and  for  such  periods  as  he  may 
deem  necessary  and  proper,  and  at  such  compensation  as  he  may  deem 
reasonable,  not  to  exceed  forty  dollars  per  month  for  each  person  to  be 
employed. 

Sec.  4248.  The  life-saving  stations  at  Narragansett  Pier,  and  Block 
Island,  Khode  Island,  shall  be  under  the  supervision  of  the  superin- 
tendent of  life-saving  stations  for  the  coast  of  Long  Island. 

Sec.  4240.  The  Secretary  of  the  Treasury  shall  provide  for  the  estab- 
lishment of  ten  life  saving  stations  on  the  coasts  of  Maine,  Xew  Hamp- 
shire, and  >hissachusetts,  Virginia,  and  Xorth  Carolina,  at  such  points 
as  he  may  deem  necessary,  for  the  saving  of  life  and  property  on  said 
coasts :  Provided,  That  all  life-saving  stations  hereafter  erected,  shall  be 
erected  under  the  supervision  of  two  captains  of  the  revenue  service,  to 
be  designated  by  the  Secretary  of  the  Treasury,  and  to  be  under  his 
direction. 

*  See  sec.  22:i,  page  143. 


134  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Chap.  344. — An  act  to  provide  for  the  eRtablishment  of  life-saviug  stations  and 
houses  of  refuge  upon  the  sea  and  lake  coasts  of  the  United  States,  and  to  promote 
the  efficiency  of  the  life-saving  service. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Secretarj^  of  the 
Treasury  is  hereby  authorized  to  establish  life-saving  stations,  life-boat 
stations,  and  lionses  of  refuge,  for  the  better  preservation  of  life  and 
property  from  shipwreck,  at  or  in  the  vicinity  of  the  following  named 
points  upon  the  sea  and  lake  coasts  of  the  United  States,  namely: 

ON   THK    COAST   OF   DELAWARE. 

Cai)e  Henlopeu,  a  complete  life-saving  station  ;  Indian  Eiver,  a  com- 
plete life-saving  station. 

ON    THE    COAST    OF    MARYLAND. 

Green  Kun  Inlet,  a  comi)lete  life-saving  station. 

ON    THE    COAS'l    OF    VIKGINIA. 

Chincoteague,  a  complete  lite-saving  station  ;  Watchapreague  Inlet,  a 
comjdete  life-saving  station  ;  Hog  Island,  a  complete  life-saving  station } 
Sandy  Shoal  Island,  a  complete  life-saving  station  ;  Smith's  Island,  a 
complete  life-saving  station. 

ON   THE    COAST   OF   FLORIDA. 

About  eighteen  miles  north  of  Indian  Hive.r  Inlet,  a  house  of  refuge  j 
Gilbert's  Bar,  a  house  of  refuge;  near  Orange  Grove,  a  house  of  refuge  j 
between  Hillsborough  and  New  Eiver  Inlet,  a  house  of  refuge ;  about 
ten  miles  south  of  New  Eiver  Inlet,  a  house  of  refuge. 

ON   THE   COAST   OF   WASHINGTON   TERRITORY. 

Neah  Bay,  a  life-boat  station ;  Shoalwater  Bay,  a  life-boat  station  j 
Cape  Disappointment,  a  life-boat  station. 

ON   THE   COAST   OF    OREGON. 

Cape  Arago,  a  life-boat  station. 

ON   THE   COAST   OF   CALIFORNIA. 

Humboldt  Bay,  a  life- boat  station  ;  Point  Eeyes,  a  life-boat  station  ; 
X^etween  Point  Lobos  and  Point  San  Pedro,  a  life-boat  station ;  Point 
Concepcion,  near  the  light  house,  a  life  boat  station. 

ON  THE  COAST  OF  LAKE  ONTARIO. 

Mexico  Bav,  about  seven  miles  westward  of  Stony  Point,  a  complete 
life-saving  station  ;  Mexico  Bay.  about  seven  miles  eastward  of  Nine 
Mile  Point,  a  complete  life-saving  station;  Oswego,  a  life-boat  station; 
Charlotte,  a  life-boat  station. 

ON  THE  COAST  OF  LAKE  ERIE. 

Buffalo,  a  life-boat  station  ;  Presque  Isle,  a  complete  life-saving  sta- 
tion ;  Fairport,  a  life-boat  station  ;  Cleveland,  a  life-boat  station  ;  Mar- 
blehead,  (Sandusky,)  a  lifeboat  station. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  135 

ON   THE   COAST    OF   LAKE   HURON. 

Point  aux  Barques,  a  complete  life-saving  station ;  Tawas,  a  complete 
life-saving  station;  Sturgeon  Point,  a  comi)lete  life-saving  station; 
North  Point,  Thunder  Bay,  a  life-boat  station  ;  Forty-Mile  Point,  a 
complete  life-saving  station. 

ON   THE   COAST   OF   LAKE  MICHIGAN. 

Beaver  Island,  a  life-boat  station  ;  North  Manitou  Island,  a  life-boat 
station,  Point  aux  Bee  Scies,  a  complete  life-saving  station;  Grande 
Pointe  au  Sauble,  a  complete  life  saving  station.  Grand  Haven,  a  life- 
boat station  ;  Saint  Joseph's,  a  life  boat  station  ;  Chicago,  a  life-boat 
station;  Grot^se  Point  a  complete  life-saving  station;  Eacine,  a  life- 
boat station  ;  Milwaukee,  a  life-boat  station ;  Sheboygan,  a  life-boat 
station  ;  Twin  Kivers  Point,  a  life-boat  station. 

ON  THE  COAST  OF  LAKE  SUPERIOR. 

Between  White  Fish  Point  and  Point  au  Sauble,  four  complete  life- 
saving  stations. 

Sec.  2.  That  the  Secretary  of  the  Treasury  is  hereby  authorized, 
whenever,  in  his  opinion,  it  may  become  necessary  for  the  proper  ad- 
ministration of  the  life  saving  service,  and  the  protection  of  the  public 
property  at  the  stations  and  houses  of  refuge  herein  authorized  to  be 
established,  to  ap})oint  one  superintendent  for  the  coasts  of  Delaware 
and  Virginia,  one  for  the  coast  of  Florida,  one  for  the  coasts  of  Lakes 
Erie  and  Ontario,  one  for  the  coasts  of  Lakes  Huron  and  Superior,  and 
one  for  the  coast  of  Lake  Michigan,  and  also  a  keeper  for  each  of  said 
stations  and  houses  of  refuge ;  and  the  said  superintendents  shall  have 
the  powers  and  perform  the  duties  of  inspectors  of  customs. 

Sec.  3.  That  the  compensation  of  each  of  the  superintendents,  to  be 
appointed  under  the  provisions  of  the  preceding  section,  shall  not  exceed 
one  thousand  dollars  per  annum,  and  the  compensation  of  the  keepers 
shall  not  exceed  two  hundred  dollars  per  annum,  except  that  those  em- 
ployed at  the  houses  of  refuge  on  the  Florida  coast  shall  re!^ide  in  said 
houses  and  receive  a  compensation  at  the  rate  of  forty  dollars  per  month. 
Sec.  4.  That  the  Secretary  of  the  Treasury  is  hereby  authorized  to 
appoint  an  assistant  to  the  superintendent  of  the  coast  of  Long  Island 
and  Ilhode  Island,  who  shall  perform  the  duties  required  of  the  sui)er- 
intendent  at  the  life-saving  stations  within  the  State  of  Rhode  Island, 
and  reside  on  Block  Island,  and  for  his  services  he  shall  receive  an 
annual  salary  of  live  hundred  dollars. 

Sec.  5.  That  the  Secretary  of  the  Treasury  is  hereby  authorized  to 
emi)loy  crews  of  experienced  surfmen  at  such  of  the  stations  herein 
denoniinated  complete  stations  and  at  such  of  the  life-boat  stations  on 
the  Pacific  coast  as  he  mav  deem  necessary  and  ]>roper,  for  such  periods, 
and  at  such  compensation,  not  to  exceed  forty  dollars  per  mouth,  as  he 
may  deem  necessary  and  reasonable. 

Sec.  G.  That  the  Secretary  of  the  Treasury  may  accept  the  services 
of  volunteer  crews  of  anv  of  the  life-boat  stations  herein  authorized, 
who  shall  be  subject  to  the  rules  and  reguUitions  governing  the  lite- 
saving  service;  and  a  list  of  the  names  of  each  crew  shall  be  kept  in 
the  office  of  the  Secretary  of  the  Tr.-asury.  Such  volunteers  shall 
receive  no  compensation  except  a  sum  of  not  more  than  ten  dollars  each 
for  every  occasion  upon  which  they  shall  have  been  instrumental  in  saving 


136  NAVIGATION   LAWS    OP    THE    UNITED    STATES. 

human  life,  and  such  of  the  medals  herein  authorized  as  they  may  be 
entitled  to  under  the  provisions  hereinafter  made :  Provided,  That  no 
payment  shall  be  made  to  any  person  who  shall  not  Ijave  actually  par- 
ticipated in  the  efforts  to  save  the  life  or  lives  rescued. 

Sec.  7.  That  the  Secretary  of  the  Treasury  is  hereby  directed  to  cause 
to  be  ])repared  medals  of  honor,  with  suitable  devices,  to  be  distin- 
guished as  life-saving  medals  of  the  first  and  second  class,  which  shall 
be  bestowed  upon  any  persons  who  shall  hereafter  endanger  their  own 
lives  in  saving,  or  endeavouring  to  save  lives  from  ])erils  of  the  sea, 
within  the  United  States,  or  upon  any  American  vessel :  Provided,  That 
the  medal  of  the  first  class  shall  be  confined  to  cases  of  extreme  and 
heroic  daring;  and  that  the  medal  of  the  second  class  shall  be  given  in 
cases  not  sufficiently  distinguished  to  deserve  the  medal  of  the  first 
class :  Provided,  also,  That  no  award  of  either  medal  shall  be  made  to 
any  person  until  sufiHcieut  evidence  of  his  deserving  shall  have  been 
filed  with  the  Secretary  of  the  Treasury  and  entered  upon  the  records 
of  the  Department. 

Sec.  8.  That  the  Secretary  of  the  Treasury  is  hereby  authorized  to 
make  all  necessary  regulations  for  the  government  of  the  life  saving 
service  not  inconsistent  with  law. 

Sec.  9.  That  the  Secretary  of  the  Treasury  is  herel\y  authorized  to 
dispose  of,  to  the  best  advantage,  after  due  condemnation  by  board  of 
survey,  such  articles  or  materials  belonging  to  the  life-saving  service  as 
may,  from  loug  continued  use  or  other  cause,  become  unserviceable  and 
the  proceeds  of  such  sale  shall  be  covered  into  the  Treasury. 

Sec.  10.  That  from  aud  after  the  first  day  of  July,  eighteen  hundred 
and  seventy-four,  whenever  any  vessel  of  the  United  States  has  sus- 
tained or  caused  any  accident  involving  the  loss  of  life,  the  material  loss 
of  proi)eity,  or  auy  serious  injury  to  any  person,  or  has  received  any 
material  damage  affecting  her  seaworthiness  or  her  efficiency,  the  man- 
aging owner,  agent,  or  master  of  such  vessel  shall  within  five  days  after 
the  happening  of  such  accident  or  damage,  or  as  soon  thereafter  as  pos- 
sible, send,  by  letter  to  the  collector  of  customs  of  the  district  wherein 
such  vessel  belongs  or  of  that  within  which  such  accident  or  damage 
occurred,  a  report  thereof,  signed  by  such  owner,  agent,  or  master,  stat- 
ing the  name  and  official  number  (if  any)  of  the  vessel,  the  jiort  to  which 
she  belongs,  the  place  where  she  was,  the  nature  and  probable  occasion 
of  the  casualty,  the  number  and  names  of  those  lost,  and  the  estimated 
amount  of  loss  or  damage  to  the  vessel  or  cargo  ;  and  shall  furnish,  upon 
the  request  of  either  of  such  collectors  of  customs,  such  other  informa- 
tion concerning  the  vessel,  her  cargo,  and  the  casualty  as  may  be  called 
for;  and  if  he  neglect  or  refuse  to  comply  with  the  foregoing  require- 
ments after  a  reasonable  time,  he  shall  incur  a  penalty  of  one  hundred 
dollars. 

Sec.  11.  That  whenever  the  managing  owner  or  agent  of  auy  vessel 
of  the  United  States  has  reason,  owing  to  the  non-appearance  of  such 
vessel,  or  to  any  other  circumstance,  to  apprehend  that  such  vessel  has 
been  lost,  he  shall,  as  soon  as  conveniently  may  be, send  notice,  in  writ- 
ing, to  the  collector  of  customs  of  the  port  to  which  said  vessel  belonged, 
of  such  loss,  and  the  probable  occasion  thereof  staling  the  name  and 
the  official  number  (if  auy)  of  the  vessel,  and  the  names  of  all  persons  on 
board,  so  far  as  the  same  can  be  ascertained,  and  shall  furnish,  upon  re- 
quest of  the  collector  of  such  port,  such  additional  information  as  he 
may  be  able  ;  and  if  he  neglect  to  comply  with  the  above  reciuireincnts 
within  a  reasonable  time,  he  shall  incur  a  penalty  of  one  huudred  dol- 
lars. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES,  137 

Sec.  12.  That  it  shall  be  the  duty  of  the  collectors  of  customs  to  im- 
mediately transmit  to  the  Secretary  of  the  Treasury  such  reports  and 
iuformatiou  as  they  may  receive  under  the  provisions  of  the  two  pre- 
ceding- sections,  and  they  shall  also  report  to  the  Secretary  of  the  Treas- 
ury any  neglect  or  refusal  on  the  part  of  the  managing  owner,  agent,  or 
master  of  any  vessel  of  the  United  States  to  comply  with  the  require- 
juents  thereof. 

Sec.  13.  That  the  Secretary  of  the  Treasury  may,  upon  application 
therefor,  remit  or  mitigate  any  penalty  provided  for  in  this  act,  or  dis- 
continue any  prosecu  tion  to  recover  the  same,  upon  such  terms  as  he, 
in  his  discretion,  shall  think  proper,  and  shall  have  authority  to  ascer- 
tain the  facts  upon  all  such  applications  in  such  manner  and  under  such 
regulations  as  he  may  think  proper;  all  penalties  hereinbefore  ])rovided 
shall  be  prosecuted  by  indictment  or  information  before  the  proper  dis- 
trict court  for  the  use  of  the  United  States. 

Approved,  June  20,  1874. 


Chap.  265.— Au  act  to  organize  the  Life-Saviug-Service. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Gongress  assembled,  That  the  Secretary  of  the  Treas- 
ury is  hereby  authorized  to  establish  additional  life-saving  and  life- boat 
stations  at  or  near  the  following-named  points  upon  the  sea  and  lake 
coasts  of  the  United  States,  namely  :  One  complete  life-saviug  station 
at  Cranberry  Isles,  Maine;  one  complete  life-saving  station  at  or  near 
Scituate,  Massachusetts  ;  one  complete  life-saving  station  at  or  near 
Watch  Hill,  Khode  Island  ;  one  comjilete  life-saving  station  on  the  coast 
of  Delaware  between  Cape  Henlopen  and  Indian  River;  two  complete 
life-saving  stations  on  the  coast  of  Maryland,  to  be  located,  one  between 
Indian  River  and  Green  Run,  and  one  between  Green  Run  and  Chinco- 
teague;  fifteen  complete  life-saving  stations  on  the  coasts  of  Virginia 
and  North  Carolina,  ten  of  them  to  be  located  at  intermediate  points 
between  the  existing  stations,  three  between  the  southernmost  existing 
station  and  Hatteras  Inlet,  one  at  or  near  Cape  Lookout,  and  one  at  or  near 
Cape  Fear  Roint ;  five  complete  life-stations  on  the  coast  of  Texas,  to  be 
located, one  at  or  near  Sabine  Pass,  one  on  Galveston  Island,  near  west 
end,  one  at  or  near  PassCavallo,  one  at  or  near  Aranzas  Pass,  and  one 
at  Brazos  Santiago,  and  one  life  boat  station  on  Galveston  Island,  near 
east  end  ;  two  comi)lete  life-saving  stations  on  the  coast  of  Lake  Michi- 
gan, to  be  located,  one  at  or  near  Sleeping  Bear  Point,  and  one  at  or 
near  Bayley's  Harbor,  and  four  life-boat  stations  to  be  located,  one  at 
or  near  Manistee,  one  at  Ludington,  one  at  or  near  Muskegan,  and  one 
at  Kenosha ;  one  life-boat  station  on  the  coast  of  Lake  Superior,  at  or 
near  the  mouth  of  Portage  Lake  and  Lake  Superior  Ship  Canal;  two 
complete  life-saving  stations  on  the  coast  of  Lake  Huron,  one  ator  near 
Port  Austin  and  one  on  Middle  Island,  and  a  life-boat  station  ator  near 
Sand  Beach  Harbor  of  Refuge ;  and  on  the  coast  of  California,  a  life- 
boat station  at  Bolinas  Bay,  in  jdace  of  that  authorized  to  be  established 
at  Point  Reyes  bv  the  act  of  June  twentieth,  eighteen  hundred  and 
seventy-four',  entitled  "An  act  to  provide  for  the  establishment  of  lite- 
saving  stations  and  houses  of  refuge  u]>on  the  sea  and  lake  coasts  of 
the  United  States,  and  to  promote  the  etticiency  of  the  Life  Saving  Serv- 
ice": and  the  Secretary  of  the  Treasury  is  hereby  authorized,  when- 
ever, in  his  opinion,  ii  may  become  necessary  for  the  proper  administra- 


138  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

tion  of  tlie  Life-Saving  Service  and  the  protection  of  the  i)ublic  property 
at  the  stations,  to  appoint  a  district  superintendent  for  the  coast  of  the 
United  States  bordering  on  the  Gulf  of  Mexico,  whose  compensation 
shall  be  at  the  rate  of  one  thousand  dollars  per  annum,  and  also  a  keeper 
for  each  of  the  stations  hereby  authorized  to  be  established. 

Sec.  2.  That  the  unexpended  balances  of  appropriations  heretofore 
made  for  the  establishment  of  life-saving  and  life-boat  stations  are 
hereby  made  available  for  the  pavment  of  the  expenses  of  the  establish- 
ment of  the  stations  herein  authorized. 

Sec.  3.  That  all  moneys  received  from  tiie  sale  of  old  stations  and 
equii)Qients  and  other  material  condemned  by  a  board  of  survey  as  un- 
serviceable maybe  expended  in  rebuilding  or  improving  and  equipping 
stations. 

Sec.  4.  That  hereafter  the  compensation  of  the  keepers  of  life-saving 
and  life-boat  stations  and  houses  of  refuge  shall  be  at  the  rate  of  four  hun- 
dred dollars  per  annum  ;  and  they  shall  have  the  powers  of  inspectors  of 
customs,  but  shall  receive  no  additional  compensation  tor  duties  per- 
formed as  such  :  Promded.,  That  said  keepers  shall  have  authority  and 
be  required  to  take  charge  of  and  protect  all  property  saved  from  ship- 
wreck at  which  they  may  be  present,  until  it  is  claimed  by  parties  legally 
authorized  to  receive  it,  or  until  otherwise  instructed  to  dispose  of  it  by 
the  Secretary  of  the  Treasury;  and  keepers  of  life-saving  stations  shall 
be  required  to  reside  continually  at  or  in  the  immediate  vicinity  of  their 
respective  stations. 

Sec.  5,  That  hereafter  the  life-saving  stations  upon  the  sea  and  gulf 
coasts  at  which  crews  are  employed  shall  be  manned  and  the  stations 
opened  for  active  service  on  the  first  day  of  September  in  each  year, 
and  so  continue  until  the  first  day  of  May  succeeding,  and  upon  the 
lake  coasts  from  the  opening  to  the  close  of  navigation,  except  such 
stations  as,  in  the  discretion  of  the  Secretary  of  the  Treasury,  are  not 
necessary  to  be  manned  during  the  full  period  specified;  and  the  crews 
shall  reside  at  the  stations  during  said  periods. 

Sec.  0.  That  the  President  of  the  United  States  may,  by  and  with  the 
consent  of  the  Senate,  appoint  a  suitable  person,  who  shall  be  familiar 
with  the  various  means  employed  In  the  Lile-Saving-Service  for  the  sav- 
ing of  life  and  property  from  shipwrecked  vessels,  as  general  superin- 
dent  of  the  Life  Saving- Service,  who  shall,  under  the  immediate  direc- 
tion of  the  Secretary  of  the  Treasury,  have  general  charge  of  the  serv- 
ice and  of  all  administrative  matters  connected  therewith,  and  whose 
compensation  shall  be  at  the  rate  of  four  thousand  dollars  per  annum; 
and  the  Secretary  of  the  Treasury  is  authorized  to  appoint  an  assistant 
to  the  general  superintendent,  whose  compensation  shall  be  two  thou- 
sand five  hundred  dollars  per  annum. 

Sec.  7.  That  it  shall  be  the  duty  of  the  general  superintendent  to 
supervise  the  organization  and  government  of  the  employees  of  the 
service ;  to  prepare  and  revise  regulations  therefor  as  may  be  necessary; 
to  fix  the  number  and  compensation  of  surfmen  to  be  employed  at  the 
several  stations  within  the  provisions  of  law  ;  to  supervise  the  expendi- 
ture of  all  appropriations  made  for  the  su])portaud  maintainanceof  the 
Life-Saving-Service;  to  examiue  the  accounts  of  disbursements  of  the 
district  superintendents,  and  to  certify  the  same  to  the  accounting-offi- 
cers of  the  Treasury  Department ;  to  examine  the  property  returns  of 
the  keepers  of  the  several  stations,  and  see  that  all  public  property 
thereto  belonging  is  properly  accounted  for;  to  acquaint  himself,  as  far 
as  practicable,  with  all  means  employed  in  foreign  countries  which  may 
seem  to  advantageously  afi'ect  the  interests  of  the  service,  and  to  cause 


NAUIGATION    LA\V8    OF    THE    UNITED    STATES.  139 

to  be  properly  iiivestip^iited  all  plans,  devices,  nud  inventions  for  the 
improvement  of  life-saving  apparatus  for  use  at  the  stations,  which  may 
appear  to  be  meritorious  and  available;  to  exercise  supervision  over  the 
selection  of  sites  for  new  stations  the  establishment  of  which  may  be 
authorized  by  law,  or  for  old  ones  the  removal  of  which  may  be  made 
necessary  by  the  encroachment  of  the  sea  or  by  other  causes  ;  to  ])re- 
pare  and  submit  to  the  Secretary  of  the  Treasury  estimates  for  the  sup- 
port of  the  service;  to  collect  and  comi)ile  the  statistics  of  marine  disas- 
ters contemplated  by  the  act  of  June  twentieth,  eighteen  hundred  and 
seventy-four;  and  to  submit  to  the  Secretary  of  the  Treasury,  for  trans- 
mission to  Congress,  an  annual  report  of  the  expenditures  of  the  moneys 
appropriated  for  the  maintenance  of  the  Life  Saving  Service,  and  of  the 
operations  of  said  service  during  the  year. 

Sec.  8.  That  the  Secretary  of  the  Treasury  may  detail  such  officer  or 
officers  of  the  Revenue  Marine  Service  as  may  i)e  necessary,  to  act  as 
inspector  and  assistant  inspectors  of  stations,  who  shall  perform  such 
duties  in  connection  with  the  conduct  of  the  service  as  may  be  required 
of  them  by  the  general  sui)erintendent. 

Sec.  9.  That  upon  the  occurrence  of  any  shipwreck  within  the  scope 
of  the  operations  of  the  Life-Saving  Sej'vice,  attended  with  loss  of  life, 
the  general  superintendent  shall  cause  an  investigation  of  all  the  cir- 
cumstances connected  with  said  disaster  and  loss  of  life  to  be  made, 
with  a  view  of  ascertaining  the  cause  of  the  disaster,  and  whether  any 
of  the  officers  or  employees  of  the  service  have  been  guilty  of  neglect  or 
misconduct  in  the  piemises  ;  and  any  officer  or  clerk  in  the  employment 
of  the  Treasury  Department  who  may  be  detailed  to  conduct  such  in- 
vestigation, or  to  examine  into  any  alleged  incompetency  or  misconduct 
of  any  of  the  officers  or  employees  of  the  Life-Saving  Service,  shall  have 
authority  to  administer  an  oath  to  any  witness  attending  to  testify  or 
de])Ose  in  the  course  of  such  investigation. 

Sec.  10.  That  section  six  of  said  act  of  June  twentieth,  eighteen  hun- 
dred and  seventy-four,  is  so  amended  as  to  extend  the  compensation  of 
the  enrolled  members  of  volunteer  crews  of  life-boat  stations  therein 
named  to  occasions  of  actual  and  deserving  service  at  any  shipwreck, 
or  in  the  relief  of  any  vessel  in  distress,  and  that  such  persons  as  may 
volunteer  to  take  the  place  of  any  absent  or  disabled  enrolled  members 
of  a  crew,  and  who  shall  be  accepted  by  the  keeper,  may  be  paid  there- 
for, in  the  discretion  of  the  Secretary  of  the  Treasury,  a  sum  not  to  ex- 
ceed eight  dollars  ea(!h  on  every  such  occasion:  Provided,  Tliat  all 
crews  and  volunteers  employed  under  authority  of  this  act  who  maybe 
present  at  a  wreck  shall  b3  required  to  use  their  utmost  endeavors  to 
save  life  and  ]»roperly  care  for  the  bodies  of  such  as  may  perish,  and, 
when  such  efforts  are  no  longer  necessary,  to  save  i)roperty  and  protect 
the  same,  under  the  direction  of  the  senior  keeper  present  or  of  the  su- 
perintendent of  the  district,  until  the  arrival  of  persons  legally  author- 
ized to  take  charge;  and  for  the  time  employed  in  so  saving  and  i)ro- 
tecting  proi)erty  volunteers  shall  be  entitled  to  compensation  not  to  ex 
ceed  three  dollars  per  day  each,  in  the  discretion  of  the  Secretary  of  the 
Treasury. 

Sec.  11.  That  the  enrolled  members  of  the  crews  of  life-boat  stations 
may  be  called  out  for  drill  and  exercise  in  the  life-boat  and  Hfe-saving 
apparatus  as  often  as  the  general  su[)erintendent  may  determine,  not  to 
ex(!eed  twice  a  month,  for  each  day's  attendance  at  which  they  shall  be 
entitled  to  the  sum  of  three  dollars  each. 

Sec.  12.  That  the  Secretary  of  the  Treasury  is  hereby  authorized  to 
bestow  the  life-saving  medal  of  the  second  class  ui)on  persons  making 


140  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

such  signal  exertions  in  rescuing  and  succoring  the  shipwrecked,  aud 
saving  persons  from  drowning,  as,  in  his  opinion,  shall  merit  such  recog- 
uition. 

Approved,  June  18,  1878. 


Chap.  117. — An  act  to  promote  the  efficiency  of  the  Life-Saving  Service,  and  to  en- 
courage the  saving  of  life  from  sliipwreclc 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  Secretary  of  the 
Treasury  is  hereby  authorized  to  establish  additional  life-saving  sta- 
tions aud  houses  of  refuge  upon  the  sea  and  lake  coasts  of  the  United 
States  as  follows,  namely : 

ON   THE   ATLANTIC    COAST. 

A  life  saving  statiou  at  or  near  Damariscove  Island,  Maine;  one  at  or 
near  Hunniwells  Beach,  Maine;  one  at  or  near  the  entrance  to  Port- 
land Harbor,  Maine;  one  at  or  near  the  entrance  to  Portsmouth  Har- 
bor, New  Hampshire  ;  one  on  Cape  Ann,  Massachusetts  ;  one  between 
Cohasset  and  Scituate  Harbors,  Massachusetts ;  one  at  or  near  Wood 
End,  and  one  in  the  vicinity  of  Peaked  Hill  Bars,  Cape  Cod,  Massachu- 
setts ;  two  in  the  neighborhood  of  Nantucket  and  adjacent  islands, 
Massachusetts;  one  at  or  near  Brentou's  Point  or  Beaver  Tail,  Ehode 
Island;  one  on  Brigantiue  Beach  and  one  on  Seven-Mile  Beach,  New 
Jersey;  one  at  or  near  Lewes,  Delaware;  five  on  the  coast  between  Cape 
Henlopen  and  Cape  Charles,  at  such  points  between  existing  stations  as 
the  General  Superintendent  of  the  Life  Saving  Service  uiay  recommend ; 
one  between  stations  numbered  seventeen  and  eighteen,  and  one  between 
station  numbered  twenty-one  and  twenty-two,  one  about  three  miles 
southwest  of  Hatteras  Inlet,  on  the  coast  of  North  Carolina  ;  six  houses 
of  refuge  on  the  eastern  coast  of  Florida,  and  two  life  saving  stations  on 
the  Atlantic  coast  of  Florida,  one  near  Key  West  and  one  near  Jupiter 
Inlet,  and  one  on  the  Gulf  coast  west  of  Apalachicola  Kiver,  at  such 
points  as  the  General  Superintendf^nt  of  the  Life-Saving  Service  may 
recommend  ;  two  life-saving  stations  on  the  coast  of  South  Carolina,  to 
be  located  by  the  General  Superintendent  at  or  near  the  ports  of  George- 
town and  Charleston  ;  a  life-saving  station  at  or  near  Quiutana,  Texas. 

ON  THE  COAST  OF  LAKE  SUPERIOR. 

A  life-saving  statiou  at  or  near  Grand  Marais,  Michigan. 

ON   THE   COAST   OF  LAKE  MICHIGAN. 

A  life-saving  station  at  or  near  Frankfort,  Michigan  ;  one  at  or  near 
Pent  Water,  Michigan ;  one  at  or  near-  the  mouth  of  White  Elver, 
Michigan ;  one  at  or  near  Holland,  Michigan ;  one  at  or  near  South 
Haven,  Michigan ;  one  at  or  near  Michigan  City,  Indiana;  one  at  or 
near  Sturgeon  Bay  Canal,  Wisconsin. 

Sec.  2.  That  the  Secretary  of  the  Treasury  is  hereby  authorized  to 
discontinue  any  life-saving  or  life-boat  station  or  house  of  refuge  when- 
ever in  his  judgment  the  interests  of  commerce  and  humanity  no  longer 
require  its  existence 

Sec.  3.  That  the  General  Superintendent  may  transfer  the  apparatus, 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  141 

apjiliaiices,  equipments,  and  supplies  of  any  discontinued  station  or 
house  of  refuge  to  such  other  stations  or  houses  of  refuge  as  may  need 
them,  and  may  also  transfer  any  portion  of  the  apparatus,  appliances, 
equipments,  and  su])i)lies,  of  one  station  or  house  of  refuge  to  another 
whenever  in  his  judgment  the  interests  of  the  service  may  require  it. 

Sec.  i.  That  hereafter  all  district  superintendents  of  life-saving  sta- 
tions shall  be  disbursing  otticers  and  paymasters  for  their  resi)ective 
districts,  and  shall  give  such  bonds  as  the  Secretary  of  the  Treasury 
may  require,  and  shall  have  the  powers  and  perform  the  duties  of  in- 
spectors of  customs  ;  and  the  compensation  of  the  superintendents  in 
the  districts  herein  named  shall  be  as  follows : 

For  the  first  district  embracing  the  coasts  of  Maine  and  New  Hamp- 
shire, fifteen  hundred  dollars  per  annum. 

For  the  second  district,  embracing  the  coast  of  Massachusetts  fifteen 
hundred  dollars  per  annum. 

For  the  third  district,  embracing  the  coasts  of  Rhode  Island  and  Long 
Island  eighteen  hundred  dollars  per  annum. 

For  the  fourth  district,  embracing  the  coast  of  New  Jersey,  eighteen 
hundred  dollars  per  annum. 

For  the  fifth  district,  embracing  the  coast  between  Delaware  and  Ches- 
apeake Bays,  fifteen  hundred  dollars  per  annum. 

For  the  sixth  disrrict,  embracing  the  coast  between  Obesapeake  Bay 
and  Cape  Fear  River  eighteen  hundred  dollars  per  annum. 

For  the  seventh  district,  embracing  the  eastern  coast  of  Florida  and  the 
coast  of  Georgia  and  South  Carolina,  twelve  hundred  dollars  per  annum. 

For  the  eighth  district,  embracing  the  coast  of  the  United  States  bor- 
dering on  the  Gulf  of  Mexico,  fifteen  hundred  dollars  per  annum. 

For  the  ninth  district,  embracing  the  coasts  of  Lakes  Ontario  and 
Erie,  eighteen  hundred  dollars  per  annum. 

For  the  tenth  district,  embracing  the  coasts  of  Lakes  Huron  and  Su- 
perior, eighteen  hundred  dollars  per  annum. 

For  the  eleventh  district,  embracing  the  coast  of  Lake  Michigan, 
eighteen  hundred  dollars  per  annum. 

For  the  twelfth  district,  embracing  the  coasts  of  California,  Oregon, 
and  Washington  Territory,  one  thousand  eight  hundred  dollars  per  an- 
num. 

Sec.  5.  That  the  Secretary  of  the  Treasury  is  hereby  authorized  to 
appoint  and  fix  the  annual  compensation  of  the  several  keepers  of  all 
stations  and  houses  of  refuge  at  such  rate  as  he  may  deem  just  and 
proper:  Provided,  That  the  compensation  of  any  keei)er  shall  not  ex- 
ceed eight  hundred  dollars  per  annum;  and  the  Secretary  of  the 
Treasury  is  also  authorized  to  fix  the  pay  of  the  men  employed  at  the 
dilierent  stations,  provided  the  same  shall  not  exceed  fifty  dollars  per 
month 

Sec.  6.  That  crews  may  be  employed  at  any  of  the  life  saving  or 
life  boat  stations  on  the  Pacific  coast  during  such  portion  of  the  year  as 
the  general  superintendent  may  deem  necessary. 

Sec.  7.  That  if  anv  keeper  or  member  of  a  crew  of  a  life-saving  or 
life-boat  station  shall  be  so  disabled  by  reason  of  any  wound  or  injury 
received  or  disease  contracted  in  the  Life-Saving  Service  in  the  line  of 
dutv  as  to  unfit  him  for  the  performance  of  duty,  such  disability  to  be 
determined  in  such  manner  as  shall  be  prescribed  in  the  regulations  of 
the  service,  he  shall  be  continued  ui)on  the  rolls  of  the  service  ami  en- 
titled to  receive  his  full  pay  during  the  continuance  of  such  disability, 
not  to  exceed  the  i)eriod  of  one  year,  unless  the  general  superintendent 
shall  recommend,  upon  a  statement  of  facts,  the  extension  of  the  period 


142  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

through  a  portion  or  the  whole  of  another  year,  and  said  recomineuda- 
tion  receive  the  api)roval  of  the  Secretary  of  the  Treasury  as  just  and 
reasonable;  but  in  no  case  shall  said  disabled  keeper  or  member  of  a 
crew  be  continued  upon  the  rolls  or  receive  p;iy  for  a  longer  period 
than  two  years. 

Sec.  8.  That  if  any  keeper  or  member  of  a  crew  of  a  life  saving  or 
life  boat  station  shall  hereafter  die  by  reason  of  perilous  service  or  any 
wound  or  injury  received  or  disease  contracted  in  the  life-saving  service 
in  the  line  of  duty,  leaving  a  widow,  or  a  child  or  children  under  six- 
teen years  of  age,  such  widow  and  child  or  children  shall  be  entitled  to 
receive,  in  equal  portions,  during  a  period  of  two  years,  under  such 
regulations  as  the  Secretary  of  the  Treasury  may  prescribe,  the  same 
amount  payable  (piarterly,  as  far  as  practicable,  that  the  husband  or 
father  would  be  entitled  to  receive  as  pay  if  he  were  alive  and  contin- 
ued in  the  service:  rronded,  That  if  the  widow  shall  re-marry  at  any 
time  during  the  said  two  years,  her  portion  of  said  amount  shall  cease 
to  be  paid  to  her  from  the  date  of  her  remarriage,  but  shall  be  added 
to  the  amount  to  be  paid  to  the  remaining  beneticiaries  under  the  pro- 
visions of  this  section,  if  there  be  any;  and  if  any  child  shall  arrive  at 
the  age  of  sixteen  years  during  the  said  two  years,  the  i)ayment  of  the 
portion  of  such  child  shall  cease  to  be  paid  to  such  child  from  the  date 
on  which  such  age  shall  be  attained,  but  shall  be  added  to  the  amount 
to  be  paid  to  the  remaining  beneficiaries,  if  tbere  be  any. 

Sec.  9.  That  the  life-saving  medals  of  the  first  and  second  class  au- 
thorized by  the  provisions  of  the  seventh  section  of  the  act  of  July 
twentietli,  eighteen  huiulred  and  seventy-four,  shall  be  hereafter  desig- 
nated as  the  gold  and  silver  life-saving  medal  respectively,  and  any 
person  who  has  received  or  may  hereafter  receive  either  of  said  medals 
under  the  provisions  of  said  section,  or  the  twelfth  section  of  the  act  of 
June  eighteenth,  eighteen  hundred  and  seventy-eight,  and  who  shall 
again  perform  an  act  which  would  entitle  him  to  a  medal  of  the  same 
class  under  said  provisions,  shall  receive,  and  the  Secretary  of  the 
Treasury  is  hereby  authorized  to  award,  in  lieu  of  a  second  medal,  a 
bar,  suitably  inscribed,  of  the  same  metal  as  the  medal  to  which  said 
person  would  be  entitled,  to  be  attached  to  a  ribbon  of  such  description 
as  the  Secretary  of  the  Treasury  may  prescribe,  which  may  be  fastened 
to  the  medal  already  bestowed  upon  said  person  ;  and  for  every  such 
additional  act  an  additional  bar  may  be  added.  And  the  Secretary  of 
the  Treasury  is  hereby  authorized,  in  his  discretion,  whenever  any  per- 
son becomes  entitled  to  a  bar  representing  a  gold  medal,  to  award  him, 
in  addition  to  said  bar,  such  taken  as  it  is  customary  to  award  in  ac- 
knowledgment of  the  services  of  masters  and  crews  of  foreign  vessels 
in  rescuing  American  citizens  from  shipwreck. 

Sec.  10.  That  the  appointment  of  district  superintendents,  inspect- 
ors, and  keepers  and  crews  of  life-saving  stations  shall  be  made  solely 
with  reference  to  their  fitness,  and  without  reference  to  their  political 
or  paity  affiliations. 

Sec. 11.  That  this  act  shall  take  effect  from  and  after  its  ])assage. 

Approved,  May  4,  1882. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  143 

4.— STORM  AND  WEATHER  SIGNALS. 

(Revised  Statutes,  Title  VI.) 

Sec.  220.  The  transpoi tatiou  of  troops,  munitions  of  war,  equipments, 
military  property  and  stores  tbronghout  the  United  States,  shall  be 
under  the  immediate  control  and  supervision  of  the  Secretary  of  War 
and  such  agents  as  he  may  apj)oint. 

Sec.  221.  The  Secretary  of  War  shall  provide  for  taking  meteorolog-. 
leal  observations  at  the  military  stations  in  the  interior  of  the  continent 
and  at  other  points  in  the  States  and  Territories,  and  for  giving  notice 
on  the  northern  lakes  and  sea  coast,  by  magnetic  telegrapli  and  marine 
signals,  ot  the  ai)proach  and  force  of  storms. 

Sec.  222.  The  Secretary  of  W^ar  sUall  provide,  in  the  system  of  obser- 
vations and  reports  in  charge  of  the  Chief  Signal-Officer  of  the  Army 
for  such  stations,  reports  and  signals  as  may  be  found  necessary  for  the 
benefit  of  agriculture  and  commercial  interests. 

Sec.  223.  The  Secretary  of  War  is  authoriz^ed  to  establish  signal  sta- 
tions at  light-houses  and  at  such  of  the  life-saving  stations  on  the  lake 
or  sea-coast  as  may  be  suitably  located  for  that  purpose,  and  to  connect 
the  same  with  such  points  as  may  be  necessary  for  the  proper  discharge 
of  the  signal  service  by  means  of  a  suitable  telegraph-line  in  cases 
where  no  lines  are  in  oi)eration,  to  be  constructed,  maintained  and 
worked  under  the  Chief  Signal  Officer  of  the  Army,  or  the  Secretary  of 
War  and  the  Secretary  of  the  Treasury  :  and  the  use  of  the  life-saving 
stations  as  signal  stations  shall  be  subject  to  such  regulations  as  may 
be  agreed  upon  by  said  officials. 


5.— FIXING  A  COMMON  MERIDIAN. 

Chap.  3t0.— An  act  to  authorize  the  President  of  the  United  States  to  call  an  inter- 
national conference  to  fix  on  and  recommend  for  universal  adoi)tion  a  common 
prime  meridian  to  be  used  in  the  reckoning  of  longitude  and  in  the  regulation  of 
time  throughout  the  world. 

Be  it  enacted  hy  the  Senate  and  House  of  Reirresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  of  the  United 
States  be  authorized  and  requested  to  extend  to  the  governments  of  all 
nations  in  diplomatic  relations  with  our  own  an  invitation  to  api)oint 
delegates  to  meet  delegates  from  the  United  States  in  the  city  of 
W^ashington,  at  such  time  as  he  may  see  fit  to  designate,  for  the  pur- 
pose of  fixing  upon  a  meridian  proper  to  be  employed  as  a  common  zero 
of  longitude  and  standard  of  time  reckoning  throughout  the  globe;  and 
that  the  President  be  authorized  to  appoint  delegates,  not  exceeding 
three  in  number,  to  represent  the  United  States  in  su(;h  international 
conference. 

Approved,  August  3,  1882. 

Note. — In  accordance  with  the  above  act  a  congress  was  held  at  Washington  in 
the  year  ine'A,  composed  of  delegates  from  Austria,  Rrazil,  Chili,  Columbia,  Costa 
Rica,  Germany,  Great  Britain,  France,  Guatemala,  Hawaii,  Italy,  .Japan,  Siberia, 
Mexico,  Netherlands,  Paraguay,  Russia,  San  Domingo,  Salvador,  Spain,  Sweden, 
Switzerland,  Turkey,  United  States,  and  Venezuela,  at  which  all  the  represeutatives 
but  those  of  Brazil,  Trance,  and  San  Domingo  voted  for  Greenwich  as  a  meridian 
proper  for  a  common  zero  of  longitude,  &c. 


PART  VI. 


1.  Lights  and  buoys. 

2.  Coast  Survey. 

3.  Navigable  rivers. 

4.  Rivers  and  harbors. 


1.— LIGHTS  AND  BUOYS.* 

(Revised  Statutes,  Title  LV.) 

Sec.  4653.  The  Presideut  shall  appoint  two  officers  of  the  Navy,  of 
high  rank,  two  officers  of  the  Corps  of  Engineers  of  the  Army,  and  two 
civilians  of  high  scientific  attainments,  whose  services  may  be  at  the 
disposal  of  the  President,  together  with  an  officer  of  the  Navy  and  an 
officer  of  engineers  of  the  Army,  as  secretaries,  who  shall  constitute  the 
Light-House  Board. 

Sec.  4054.  The  Secretary  of  the  Treasury  shall  be  ex-officio  presideut 
of  the  Light  House  Board. 

Sec.  4055.  The  Light-House  Board  shall  elect,  by  ballot,  one  of  their 
number  as  chairman  of  the  board,  who  shall  preside  at  their  meetings, 
when  the  president  is  absent,  and  shall  perform  such  acts  as  may  be  pre- 
scribed by  the  rules  of  the  board. 

Sec.  4G5G.  The  Light-House  Board  shall  meet,  for  the  transaction  of 
business,  on  the  first  Mondays  in  March,  June,  September,  and  Decem- 
ber. But  the  Secretary  of  the  Treasury  may  convene  the  board  when- 
ever, in  his  judgment,  the  exigencies  of  the  service  require  it. 

Sec.  4G57.  The  Light-House  Board  may  adopt  such  regulations  for 
the  government  of  their  meetings  as  they  judge  expedient. 

Sec.  4658.  The  Light-House  Board  shall  be  attached  to  the  office  of 
the  Secretary-  of  the  Treasury,  and  under  his  superintendence  shall  dis- 
charge all  administrative  duties  relating  to  the  construction,  illumina- 
tion, in8i)ectiou,  and  sui)erintendence  of  light-houses,  light-vessels, 
beacons,  buoys,  sea-marks,  and  their  appendages,  ami  embracing  the 
security  of  foundations  of  works  already  existing,  procuring  illuminating 
and  other  ai)i)aratus,  sui)plies,  and  materials /o  [ofj  all  kinds  lor  build- 
ing, and  for  rebuilding  wheu  necessary,  and  keeping  in  good  repair  the 
light-houses,  light- vessels,  beacons,  and  buoys  of  the  United  States ; 
and  shall  liave  the  charge  and  custody  of  all  the  archives,  books, docu- 
ments, drawings,  models,  retuins,  apparatus,  and  other  things  apper- 
taining to  the  Light-House  Establishment. 

Sec.  4659.  The  Light-House  Board  shall  furni.sh,  upon  the  requisition 
of  the  Secretary  of  the  Treasury,  all  the  estimates  of  expense  whi«h  the 

*See  sec.  5358. 

145 
H.  Mis.  391 10 


146  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

several  branches  of  the  light-house  service  may  require,  and  such  other 
inforiuation  as  may  be  required,  to  be  hiid  before  Congress  at  the  com- 
mencement of  each  session. 

*Sec.  4()t)().  The  Light-House  Board  is  authorized,  wheneveran  appro- 
priation has  been  or  may  be  made  by  Congress  for  a  new  light  house, 
the  proper  site  for  which  does  not  belong  to  the  United  States,  to  pur- 
chase the  necessary  laud,  provided  the  purchase-money  be  paid  from 
the  amount  appropriated  for  such  light-house. 

Sec.  4G(J1.  ISo  light-house,  beacon,  public  i)iers,  or  landmark,  shall  be 
built  or  erected  on  any  site  until  cession  of  jurisdiction  over  the  same 
has  been  made  to  the  United  States. 

Sec.  40G2.  A  cession  by  a  State  of  jurisdiction  over  a  ])lace  selected 
as  the  site  of  alight-house,  or  other  structure  or  work  of  the  Light- House 
Establishment,  shall  be  deemed  sufhcient  within  the  preceding  section, 
notwithstanding  it  contains  a  reservation  that  process  issued  under  au- 
thority of  such  State  may  continue  to  be  served  within  such  place. 
And  notwithstanding  any  such  cession  of  jurisdiction  contains  no  such 
reservation,  all  ])rocess  may  be  served  and  executed  within  the  place 
ceded,  in  the  same  manner  as  if  no  cession  had  been  made. 

Sec.  4003.  Whenever  preliminary  surveys  are  required  to  ascertain 
the  necessity  for  any  light-house,  light-ship,  beacon,  or  other  warning 
to  vessels,  tiie  erection  of  which  is  or  may  be  authorized  by  law,  or  to 
determine  the  ])roper  site  for  the  same,  or  to  ascertain  more  fully  what 
the  public  exigency  requires,  the  Secretary  of  the  Treasury  may  cause 
the  necessary  examinations  and  surveys  on  the  sea-board  to  be  made 
under  the  direction  of  the  Superintendent  of  the  Coast  Survey,  and  those 
on  the  northwestern  lakes  to  be  made  under  the  direction  of  the  Corps 
of  Engineers.  In  all  cases  in  which  adverse  reports  are  ma<le,  they  shall 
be  submitted  to  Congress  at  its  next  session.  In  all  cases  in  which  the 
objects  authorized  are  favorably  reported  upon,  the  works  may  be  com- 
menced immediately  after  valid  titles  and  cessions  of  jurisdiction  shall 
have  been  obtained  to  the  sites. 

Sec.  4004.  The  President  shall  cause  to  be  detailed  from  the  Engineer 
Corps  of  the  Army,  from  time  to  time,  such  officers  as  may  be  necessary 
to  superintend  the  construction  and  renovation  of  light  houses. 

Sec.  4005.  The  Light-House  Board  shall  cause  to  be  prepared  by  the 
engineer  secretary  of  the  board,  or  by  such  officer  of  engineers  of  the 
Artny  as  may  be  detailed  for  that  service,  all  plans,  drawings,  specifi- 
cations, and  estimates  of  cost,  of  all  illuminating  and  other  apparatus^ 
and  of  construction  and  repair  of  towers,  buildings,  &c.,  connected  with 
the  Light-House  Establishment,  and  no  bid  or  contract  shall  be  accepted 
or  entered  into,  except  upon  the  decision  of  the  board,  at  a  regular  or 
special  meeting,  and  through  their  properly  authorized  officers. 

Sec.  4000.  All  materials  for  the  constructu)n  and  repair  of  light-houses, 
light-vessels,  beacons,  buoys,  and  so  forth,  shall  be  procured  by  public 
contracts,  under  such  regulations  as  the  board  may  from  time  to  time 
adopt,  subject  to  the  ai)proval  of  the  Secretary  of  the  Treasury,  and  all 
works  of  construction,  renovation,  and  repair  shall  be  made  by  the  orders 
of  the  board,  under  the  immediate  superintendence  of  their  engineer 
secretary,  or  of  such  engineer  of  the  Army  as  may  be  detailed  for  that 
that  service. 

Sec.  4007.  No  contract  for  the  erection  of  any  light  house  shall  be 
made  except  after  public  advertisement  for  proposals  in  such  form  and 
manner  as  to  secure  general  notice  thereof,  and  the  same  shall  only  be 

*  See  sec.  355. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  147 

made  with  the  lowest  bidder  therefor,  u])on  security  deemed  sufficient 
in  the  judginent  of  the  Secretary  of  the  Treasury. 

Sec.  4608.  Whenever  any  of  the  light-vessels  occupying  positions- 
which  are  adapted  to  the  erection  of  light-lionses  upon  pile-fouiidations^ 
require  to  be  rebuilt,  or  require  such  extensive  repairs  as  to  render  the 
substitution  of  such  light-houses  advisable  and  i)racticable,  such  perma- 
nent structures  may  be  erected  in  place  of  any  such  light- vessels;  but 
the  expense  arising  from  all  such  changes  and  erections  shall  be  defiayed 
from  the  general  annual  ap})ropriations  for  repairs,  and  so  forth,  of 
light- vessels,  except  when  a  special  appropriation  is  made  for  such 
change. 

Sec.  4669.  The  Light-House  Board,  with  the  approval  of  the  Secre- 
tary of  the  Tieasury,  shall  prescribe,  and  from  time  to  time  may  alter 
or  amend,  aiid  cause  to  be  distributed,  such  regulations  as  they  deem 
Ijroperfor  securing  an  efficient,  uniform,  and  economical  administration 
of  the  Light-House  Establishment. 

Sec.  4670.  The  Light-Honse  Board  shall  arrange  the  Atlantic,  Gulf^ 
Pacitic,  and  Lake  coasts  of  the  United  States,  into  light-house  districts,, 
not  exceeding  twelve  in  number. 

Sec.  4671.  An  officer  of  the  Army  or  Navj^  shall  be  assigned  to  each 
district  as  a  light-house  inspector,  subject  to  the  orders  of  the  Light- 
House  Board ;  and  shall  receive  for  such  service  the  same  pay  and  emol- 
uments that  he  would  be  entitled  to  by  law  for  the  performance  of  duty 
in  the  regular  line  of  his  profession,  and  no  other,  except  the  legal  allow- 
ance per  mile,  when  traveling  under  orders  connected  with  his  duties. 

Sec.  467l*.  The  Secretaiy  of  the  Treasury  shall  assign  to  any  of  the- 
collectors  of  the  customs  the  superintendence  of  such  light-houses, 
beacons,  lightships,  and  buoys,  as  he  deems  best ;  but  no  person  whosa 
compensation  as  collector  of  customs  exceeds  three  thousand  dollars  a 
year  shall  receive  any  compensation  as  disbursing  agent  for  the  Light- 
House  Establishment,  whether  the  sums  disbursed  by  him  be  for  arti- 
cles to  be  used  or  services  rendered  within  or  without  the  limits  of  his 
superintendency  or  collection-district :  Provided,  That  where  the  com- 
pensation of  any  collector  as  disburvsing  agent  is  not  more  than  three 
thousand  dollars  a  year,  such  agent  shall  receive  for  such  services  not 
more  than  four  hundred  dollars  in  any  fiscal  year. 

Sec.  4673.  The  Secretary  of  the  Treasury  is  authorized  to  regulate 
the  salaries  of  the  respective  keepers  of  light-houses  iu  such  manner  as. 
he  deems  just  and  proper,  but  the  whole  sum  allowed  for  such  salaries, 
shall  not  exceed  an  average  of  six  hundred  dollars  to  each  keeper. 

Sec.  4674.  The  Secretary  of  the  Tieasury  may,  upon  the  recoui- 
meudation  of  the  Light-House  Board,  discontinue  from  time  to  time 
such  lights  as  may  from  any  cause  become  useless  or  unnecessary.  And 
he  may,  upon  the  like  recommendation,  from  time  to  time  re-establish 
any  lights  which  have  been  thus  discontinued,  whenever  he  believes 
such  re-establishment  to  be  required  by  imblic  convenience  or  the 
necessities  of  trade  or  commerce. 

Sec.  4675.  The  Secretary  of  the  Treasury  may,  after  a  week's  notice 
to  the  public,  sell  and  convey  any  real  estate  no  longer  used  for  light- 
house purposes,  the  avails  of  such  sale  to  be  jiaid  into  the  national 
Treasury. 

Sec.  4676.  The  Light-House  Board  may,  when  they  deem  it  neces- 
sary, place  a  light-vessel,  or  other  suitable  warning  of  danger,  on  or 
over  any  wreck  or  temporary  obstruction  to  the  entrance  of  any  harbor^ 
or  in  the  channel  or  fairway  of  any  bay  or  sound. 


148  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Sec.  4677.  The  Light- House  Board  shall  properly  mark  all  pier- heads 
belonging  to  the  United  States  situated  on  the  northern  and  northwest- 
ern lakes,  whenever  the  board  is  duly  notified  by  the  dep  irtmeut  charged 
wiih  the  construction  or  repair  of  pier-heads  that  the  construction  or 
repair  of  any  such  pier-heads  has  been  completed. 

Sec.  4()78.  All  buoys  along  the  coast,  or  in  bays,  harbors,  sounds,  or 
channels,  shall  be  colored  and  numbered,  so  that  passing  up  the  coast 
or  sound,  or  entering  the  bay,  harbor,  or  channel,  red  buoys  with  even 
numbers  shall  be  passed  on  the  starboard  hand,  black  huoys  with  un- 
even numbers  on  the  port  hand,  and  buoys  with  red  and  black  stripes 
on  either  hand.  Buoj's  in  channel-ways  shall  be  colored  with  alternate 
white  and  black  perpendicular  stripes. 

Sec.  4679.  No  additional  salary  shall  be  allowed  to  any  civil,  military, 
or  naval  officer  on  account  of  his  being  employed  on  the  Light-House 
Board,  or  being  in  any  manner  attached  to  the  light-house  service. 

Sec.  4680.  No  member  of  the  Light-House  Board,  inspector,  light- 
keeper,  or  other  person  in  an3'  manner  connected  with  the  light  house 
service,  shall  be  interested,  either  directly  or  indirectly,  in  any  contract 
for  labor,  materials,  or  sui^plies  for  the  light  house  service,  or  in  any 
patent,  plan,  or  mode  of  construction  or  illumination,  or  in  any  article 
of  supply  for  the  light-house  service. 


Chap.  416. — Au  act  to  esteud  the  jarisdictiou  of  the  Light-House  Board. 

.  Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Light-House  Board  are 
hereby  directed  to  cause  examinations  to  be  made,  and  to  report  to  the 
Secretary  of  the  Treasury  what  light-houses,  lights,  beacons,  and  buoys 
are  required  for  the  better  security  of  navigation  on  the  Mississippi, 
Ohio,  and  Missouri  Kivers,  including  specific  statement  as  to  the  re- 
spective localities  where  and  by  whom  now  maintained,  where  required, 
and  estimated  cost  of  their  construction  and  maintenance. 
Approved,  June  22, 1874. 


2.— COAST  SURVEY. 

(Revised  Statutes,  Title  LVI.) 

Sec.  4681.  The  President  is  authorized  to  cause  a  survey  to  be  taken 
of  the  coasts  of  the  United  States,  in  which  shall  be  designated  the 
islands  and  shoals,  with  the  roads  or  i)laces  of  anchorage,  within  twenty 
leagues  of  any  part  of  the  shores  of  the  United  States  ;  and  also  the  re- 
spective courses  and  distances  between  the  princi])al  capes  or  head- 
lands, together  with  such  other  matters  as  he  may  deem  proper  for  com- 
pleting an  accurate  chart  of  every  part  of  the  coasts. 

Sec.  4(582.  The  President  may  also  cause  such  examinations  and  ob- 
servations to  be  made  with  respect  to  Saint  George's  Bank,  and  to  any 
other  bank,  or  shoal,  and  the  soundings  and  currents,  although  beyond 
the  distance  of  twenty  leagues  from  the  shore  to  the  Gulf  Stream,  as 
he  may  deem  especially  subservient  to  the  commercial  interests  of  the 
United  States. 

Sec.  468*3.  All  appropriations  made  for  the  work  of  surveying  the 
coast  of  the  United  States  shall  he  expended  in  accordance  with  the 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  149 

l^lan  of  re-organizing  the  mode  of  executing  tbe  survey  which  has  been 
submitted  to  the  President  by  a  board  of  officers  organized  under  the 
act  of  March  three,  eighteen  hundred  and  forty  three,  chapter  one  hun- 
dred. 

Sec.  4684.  The  President  shall  carry  into  effect  the  plan  of  the  board, 
as  agreed  upon' by  a  majority  of  its  members ;  and  shall  cause  to  be 
employed  as  many  officers  of  the  Army  and  Navy  of  the  United  States 
as  will  be  compatible  with  the  successful  prosecution  of  the  work ;  the 
officers  of  the  Navy  to  be  employed  on  the  hydrographical  parts,  and 
the  officers  of  the  Army  on  the  toi)Ographical  parts  of  the  worli; ;  and 
no  officer  of  the  Army  or  Navy  shall  receive  any  extra  pay  out  of  any 
appropriations  for  surveys. 

Sec.  4685.  The  President  is  authorized,  in  executing  the  provisions 
of  this  Title,  to  use  all  maps,  charts,  books,  instruments,  and  apparatus 
belonging  to  the  United  States,  and  to  direct  where  the  same  shall  be 
deposited,  and  to  employ  all  persons  in  the  land  or  naval  service  of  the 
United  States,  and  such  astronomers  and  other  persons,  as  he  shall 
deem  i»roper. 

Sec.  4686.  The  President  is  authorized,  for  any  of  the  purposes  of 
surveying  the  coast  of  the  United  States,  to  cause  to  be  employed  such 
of  the  public  vessels  in  actual  service  as  he  deems  it  exi)edient  to  em- 
I)loy,  and  to  give  such  instructions  for  regulating  their  conduct  as  he 
deems  proper,  according  to  the  tenor  of  tljis  Title. 

Sec.  4687.  Officers  of  the  Army  and  Navy  shall,  as  far  as  practicable, 
be  employed  in  the  work  of  surveying  the  coast  of  the  United  States, 
whenever  and  in  the  manner  required  by  the  Department  having  charge 
thereof. 

Sec.  4688.  The  Secretary  of  the  Treasury  may  make  such  allowances 
to  the  officers  and  men  of  the  Army  and  Navy,  while  employed  on  Coast 
Survey  service,  for  subsistence,  in  addition  to  their  compensation,  as 
he  may  deem  necessary,  not  exceeding  the  sum  authorized  by  the 
Treasury  regulation  of  the  eleventh  day  of  May,  eighteen  hundred  and 
forty-four. 

Sec.  4689.  The  salary  of  the  Superintendent  of  the  Coast  Survey  shall 
be  six  thousand  dollars  a  year. 

Sec.  4690.  The  Coast  Survey  report  shall  be  submitted  to  Congress 
during  the  month  of  December  in  each  year,  and  shall  be  accompanied 
by  a  general  chart  of  the  whole  coasts  of  the  United  States,  on  as  large 
a  scale  as  convenient  and  practicable,  showing,  as  near  as  practicable, 
the  configuration  of  the  coasts,  and  showing,  by  lines,  the  probable  lim- 
its of  the  Gulf  Stream,  and  showing,  by  lines,  the  probable  limit  to  which 
the  soundings  oft"  the  coast  will  extend,  and  showing,  by  the  use  of  col- 
ors and  explanations,  the  exact  portions  of  our  coasts,  of  which  complete 
charts  have  been  published  by  the  Coast  Survey;  also,  showing  such 
other  i»arts  of  the  coasts  of  which  the  triangulation,  the  toi)<)grai)hy,  and 
the  soundings  have  been  comi)leted,  but  not  published,  and,  also,  such 
parts  of  the  coasts  of  which  the  triangulation  and  topography,  or  the 
triangulation  only,  have  been  completed. 

Sec.  4691.  The  Secretary  of  the  Treasury  is  authorized  to  dispose  of 
the  mai)s  and  charts  of  the  survey  of  the  coast  of  the  United  States  at 
such  Inices  and  under  such  regulations  as  may  from  time  to  time  be 
fixed  by  him;  and  a  number  of  copies  of  each  sheet,  not  to  exceed  three 
hundred,  shall  be  distributed  among  foreign  governments,  and  Deimrt- 
ments  of  our  own  Government,  and  literary  and  scientific  associations 
as  may  be  designated  by  the  Secretary  of  the  Treasury. 


150  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

3.— NAVIGABLE  RIVERS.* 

(Revised  Statutes,  Title  XXXII,  chap.  11.) 

Sec.  2476.  All  navigable  rivers  witbm  the  territory  occupied  by  the 
public  lands  shall  remain  and  be  deemed  public  highways;  and  in  all 
cases  where  the  opposite  banks  of  any  streams  not  navigable  belong  to 
different  persons  the  stream  and  bed  thereof  shall  be  common  to  both. 

Note.— The  Supreme  Court  of  the  Uuited  States  has  clehned  the  waters  referred  to 
as  follows:  "  Those  rivers  must  be  regarded  as  public  navigable  waters  in  law  which 
are  navigable  in  fact,  and  they  are  navigable  in  fact  when  they  are  used,  or  are  sus- 
ceptible of  being  used,  in  the  ordinary  condition,  as  highways  of  commerce  over  which 
trade  and  travel  are  or  may  be  conducted  in  the  customary  modes  of  trade  and  travel 
on  water.  And  they  consHtnte  navigable  waters  of  the  United  States,  within  the 
nieauing  of  the  acts  of  Congress,  in  contrndistinction  from  the  navigable  waters 
of  the  States,  when  they  form' in  their  ordinary  condition,  by  themselves  or  by  uniting 
with  other  waters,  a  continued  highway  over  wliich  commerce  is  or  may  be  carried 
on  with  other  States  or  foreign  countries  in  the  custotnary  modes  in  which  such  com- 
merce is  conducted  by  water."     (Treasury  Decisions,  161;?  in  1873  :  4376  in  1880.) 


4.— RIVERS  AND  HARBORS. 

(Revised  Statutes,  Title  LXIII.) 

Sec.  5-!44.  TheTennessee,  Coosa,  Gahawba,  and  Bhick  Warrior  Rivers, 
•within  the  State  of  Alabama,  shall  be  forever  free  from  toll  for  all  prop- 
erty belonging  to  the  United  States,  and  for  all  persons  in  their  service, 
and  for  all  citizens  of  the  United  States,  except  as  to  such  tolls  as  may 
be  allowed  by  act  of  Congress. 

Sec.  5245. 'The  assent  of  the  United  States  is  hereby  given  to  any  act 
which  the  legislature  of  the  State  of  Alabama  may  pass  for  imi)Osinga 
toll  on  the  use  of  such  parts  of  the  canal  or  canals  which  have  been,  or 
may  be,  constructed  at  or  around  the  Muscle  and  Colbert's  Shoals  of  the 
river  Tennessee.  Such  tolls  shall  beexpended  exclusively  on  the  canals, 
and  shall  not  exceed  in  amount  the  sum  required  to  keep  them  in  re- 
pair, and  to  defray  the  expen.sesof  lock-tenders,  collectors,  superintend- 
ents, and  managers.  This  section  shall  not  affect  the  exemption  of  the 
property  of  the  United  States,  and  all  persons  in  their  service,  from  any 
toll  whatever.  An  annual  rei)ort  shall  be  made  to  the  Secretary  of  the 
Treasury  of  the  United  States,  of  the  rate  and  amount  of  tolls  charged 
or  collected  on  said  canals,  and  their  application. 

*The  proprietorship  of  the  soil  under  navigable  waters  within  the  territorial  limits 
•of  a  State  belongs  absolutely  to  the  State,  subject  only  to  the  rights  surrendered  by 
the  Constitution  to  the  general  Government. 

When  lands  of  that  description  are  needed  to  enable  the  general  Goverumeut  to 
perform  its  ])roper  functions  (as  to  establish  light-houxes),  it  may  appropriate  them. 
This  it  may  do,  not  by  virtue  of  any  ownership  in  the  soil,  but  by  virtue  of  the  right 
of  eminent  domain.     (Oi)iniou  Attorney  General,  July  :^0,  1879.)  • 

The  property  of  an  individual  in  a  bar  or  other  part  of  the  bed  of  a  navigable  river 
is  subject  to  the  public  right  of  navigation  and  to  the  right  of  the  public  to  regulate, 
control,  and  direct  the  flow  of  the  water  therein,  in  the  interests  of  navigation,  and 
•where  the  stream  is  a  navi.ablo  riverof  the  United  States,  the  right  thus  to  regulate, 
control,  and  direct  the  How  of  water  belongs  to  Congress.  Damage  resulting  to  the 
individual  proprietor  from  the  exercise  of  that  right  is  not  a  proper  subject  of  com- 
pensation.    (Opinion  Attorney-General,  April  27,  1860.) 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  151 

Sec.  524G.  The  Des  Moines  Kiver  shall  forever  remain  free  from  any 
toll,  or  other  char/j^e  whatever,  for  any  property  of  the  United  States, 
or  persons  in  their  service,  passing  along  the  same. 

Sec.  5247.  The  passage  of  vessels  to  and  from  the  harbor  of  Michi- 
gan City,  in  Indiana,  shall  be  free  and  not  subject  to  toll  or  charge. 

Sec.  /)248.  So  much  of  the  Iowa  Kiver  within  the  State  of  Iowa  as 
lies  north  of  the  town  of  Wapello  shall  not  be  deemed  a  navigable 
river  or  public  highway,  but  dams  and  bridges  may  be  constructed 
across  it. 

Sec.  5249.  All  tolls  and  revenues  derived  from  the  improvements 
made  or  acquired  in  the  Wisconsin  Kiver  and  the  line  of  water  com- 
munication between  the  Wisconsin  Kiver  and  the  Fox  Kiver,  after  ])ro- 
viding  for  the  current  expenses  of  operating  and  keeping  the  same  in 
repair,  shall  be  paid  into  the  Treasury  ;  and  whenever  the  United  States 
shall  be  re  iinbursed  for  all  sums  advanced  for  the  same,  with  interest 
thereon,  then  the  tolls  shall  be  reduced  to  the  least  sum  which,  together 
with  other  revenues  ])roperly  applicable  thereto,  if  any.  shall  be  sufii- 
cit^nt  to  operate  and  keei)  the  improvements  in  repair. 

Sec.  5250.  The  assent  of  Congress  is  given  to  the  construction  of 
bridges  across  the  Maquoketa  Kiver,  within  the  State  of  Iowa,  with  or 
without  drawt;,  as  uiay  l)e  i)rovided  by  the  laws  of  that  State. 

Sec.  5251.  All  the  navigable  rivers  and  waters  in  the  former  Territories 
of  Orleans  and  Louisiana  shall  be  and  forever  remain  public  high- 
ways. 

Sec.  5252.  The  Secretary  of  War  is  hereby  authorized  and  directed 
to  have  water-gauges  established,  and  daily  observations  made  of  the 
rise  and  fall  of  the  Lower  Mississippi  Kiver  and  its  chief  tributaries, 
at  or  in  the  vicinity  of  Saint  Louis,  Cairo.  Memphis,  Helena,  Napoleon, 
Providence,  Vicksburgh,  Ked  Kiver  Landing,  Baton  Rouge,  and  Car- 
rollton,  on  the  Missis5;ii)pi,  between  the  mouth  of  the  Missouri  and  the 
Gulf  of  Mexico;  and  at  or  in  the  vicinity  of  Fort  Leavenworth,  on  the 
Missouri;  Kock  Island,  on  the  Upper  Mississippi;  Louisville,  on  the 
Ohio;  Florence,  on  the  Tennessee;  Jacksonport,  on  the  White  Kiver; 
Little  Kock,  on  the  Arkansas;  and  Alexandria,  on  the  Ked  Kiver;  and 
at  such  other  i)laces  as  the  Secretary  of  War  may  deem  advisable.  The 
expenditure  for  the  same  shall  be  made  fri)m  the  appropriation  for  the 
improvement  of  rivers  and  harbors  ;  but  the  annual  cost  of  the  observa- 
tions shall  not  exceed  the  sum  of  five  thousand  dollars. 

Sec.  5253.  The  Chief  of  Engineers  may,  with  the  api)roval  of  the 
Secretary  of  War,  employ  such  civil  engineers,  not  exceeding  five  in 
number,'for  the  puri)()se  "of  executing  the  surveys  and  improvements 
of  western  and  northwestern  rivers,  ordered  by  Congress,  as  may  be 
necessary  to  the  proper  and  diligent  prosecution  of  tlie  same;  and 
the  i)ersons  so  employed  may  be  allowed  a  reasonable  compensation 
for  their  services,  not  to  exceed  the  sum  of  three  thousand  dollars  a 
year. 

♦Sec.  52.54.  The  owners  of  saw-mills  on  the  Mississippi  Kiver  are  au- 
thorized and  empowered,  under  the  dnvction  of  the  Secretary  of  War, 
to  construct  piers  or  cribs  in  front  of  their  mill  property  on  the  banks 

•OLstrnctious  to  navigation  in  the  uavijrable  wateiH  of  the  Uiiitod  Slates,  whether 
bv  States  or  l»v  individuals.  eotiMtitute  acts  of  purpresture.  and  there  is  remedy  in 
such  case  by  cx-officio  iuforinatioii  iu  the  name  of  the  Attorney-General  of  the  United 
States.     (O'liiiiioii  of  Attorn.  v-Geiieral,  October,  Idrjli.) 

in  view  of  the  practical  difficulties  of  pieveiitin'r  the  obstructions  to  uavi<;ation 
mentioned  in  the  case  considered  by  a  resort  to  lej^al  i.roceedmgs:  Advixcd,  that  the 
attention  of  the  proper  coit.mittee  of  Con-rress  be  called  to  the  subject  and  penal  legis- 
lation recommended.     (Opinion  of  Attorney-General,  November  17,  1«70. 


152       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

of  the  river,  for  the  protection  of  their  mills  and  rafts  against  damage 
by  floods  and  ice :  Provided,  however,  That  the  piers  or  cribs  so  con- 
structed shall  not  interfere  with  or  obstruct  the  navigation  of  the  river. 
And  in  case  any  pier  or  crib  constructed  under  authority  of  this  sec- 
tion shall  at  any  time,  and  for  any  cause,  be  found  to  obstruct  the 
navigation  of  the  river,  the  Cxovernment  expressly  reserves  the  right 
to  remove  or  direct  the  removal  of  it,  at  the  cost  and  expense  of  the 
owners  thereof. 

Sec.  5255.  The  Secretary  of  the  Treasury  is  directed  to  assume,  on 
behalf  of  the  United  States,  the  control  and  management  of  the  Louis- 
ville and  Portland  Canal  in  conformity  with  the  terms  of  the  joint  reso- 
lution of  the  legislature  of  the  State  of  Kentucky,  approved  March 
twenty-eighth,  eighteen  hundred  and  seventy-two,  at  such  time  and  in 
such  manner  as  in  his  judgment  the  interests  of  the  United  States,  and 
the  comaierce  thereof,  may  require:  Provided,  That  after  the  United 
States  shall  assume  control  of  said  canal,  the  tolls  thereon  on  vessels 
propelled  by  steam  shall  be  reduced  to  twenty-five  cents  per  ton,  and  on 
all  other  vessels  in  proportion. 


Chap.  1H5.— An  act  to  exempt  vessels  engaged  in  navigating  the  Mississippi  River 
and  its  tributaries  above  the  port  of  New  Orleans  from  entries  and  clearances. 

Be  it  enacted  by  the  Senate  arid  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  provisions  of  sections 
forty-three  hundred  and  forty-nine,  forty-three  hundred  and  fifty,  forty- 
three  hundred  and  fifty-one,  forty-three  hundred  and  fifty-two,  forty- 
three  hundred  and  fifty-three,  forty-three  hundred  and  fifty- four,  forty- 
three  hundred  and  fifty-five,  and  forty-three  hundred  and  fifty-six  of  the 
Eevised  Statutes,  requiring  the  master  of  every  vessel  licensed  to  carry  on 
the  coasting-trade,  laden  in  part  with  foreign  merchandise  or  distilled 
spirits,  to  procure  a  permit  from  the  customs'  officer  of  the  port  at 
which  his  vessel  was  laden,  authorizing  him  to  proceed  to  his  port  of 
destination,  and  also  to  procure  a  permit  from  the  port  of  destination 
for  the  unlading  of  his  cargo,  shall  not  be  held  to  include  vessels  en- 
gaged in  the  navigation  of  the  Mississippi  Kiver  or  tributaries  above 
the  port  of  New  Orleans. 

Approved,  July  12,  1876. 

Sec.  3.  That  the  Secretary  of  War  is  hereby  directed  to  report  to 
Congress  on  the  first  Monday  of  December  next  what  legislation,  in  his 
opinion,  is  necessary  to  protect  the  breakwaters,  piers,  and  other  public 
works  constructed  l)y  the  United  States  against  trespasses  upon  or  in- 
jury thereto  ;  and  the  Secretary  of  War  is  hereby  directed  to  report  to 
Congress  at  its  next  session  all  the  instances  in  the.  United  States  in 
which  i>iers,  breakwaters,  or  other  structures  or  works  built  or  made  by 
the  United  States  in  aid  of  commerce  or  navigation,  are  used,  occupied, 
or  injured  by  a  corporation  or  an  individual,  and  the  extent  and  mode  of 
such"  use,  occupation,  or  injury,  and  the  facts  touching  the  same.  Any 
person  who  shall  wilfully  aiid  unlawfully  injure  any  pier,  breakwater,  or 
other  work  of  the  United  States  for  the  improvement  of  rivers  or  har- 
bors, or  navigation  in  the  United  States,  shall,  on  conviction  thereof, 
be  punished  by  a  fine  not  exceeding  one  thousand  dollars. 

Approved,  August  14,  1876. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  153 

Sec.  4.  Wherever  hereafter  the  uavijyatioii  of  any  river,  lake,  harbor, 
or  bay,  or  other  navij^^able  water  of  the  United  States,  shall  be  obstructed 
or  endangered  by  any  sunken  vessel  or  water-craft,  it  shall  be  the  duty 
of  the  Secretary  of  War,  upon  satisfactory  information  thereof,  to  cause 
reasonable  notice,  of  not  less  than  thirty  days,  to  be  given,  personally 
or  by  publication,  at  least  once  a  week  in  the  newspaper  published  near- 
est the  locality  of  such  sunken  vessel  or  craft,  to  all  persons  interested 
in  such  vessel  or  craft,  or  in  the  cargo  thereof,  of  the  purpose  of  said 
Secretary,  unless  such  vessel  or  craft  shall  be  removed  as  soon  thereafter 
as  practicable  by  the  parties  interested  therein,  to  cause  the  same  to  be 
removed.  If  such  sunken  vessel  or  craft  and  cargo  shall  not  be  removed 
by  the  i)arties  interested  therein  as  soon  as  practicable  after  the  date  of 
the  giving  of  such  notice  by  publication,  or  after  such  personal  service 
of  notice,  as  the  case  may  be,  such  sunken  vessel  or  craft  shall  be  treated 
as  abandoned  and  derelict,  and  the  Secretary  of  War  shall  proceed  to  re- 
move the  same.  Such  sunken  vessel  or  craft  and  cargo  and  all  property 
therein  wben  so  removed  shall,  after  reasonable  notice  of  the  time  and 
place  of  sale,  be  sold  to  the  highest  bidder  of  bidders  for  cash,  and  the 
proceeds  of  such  sales  shall  be  deposited  in  the  Treasury  of  the  United 
States  to  the  credit  of  a  fund  for  the  removal  of  such  obstructions  to 
navigation,  under  the  direction  of  the  Secretary  of  War,  and  to  be  paid 
out  for  that  purpose  on  his  requisition  therefor.  The  provisions  of  this 
act  shall  apply  to  all  such  wrecks  whether  removed  under  this  act  or 
under  any  other  act  of  Congress.  Such  sum  of  money  as  may  be  neces- 
sary to  execute  this  section  of  this  act  is  hereby  appropriated,  out  of 
any  money  in  the  Treasury  of  the  United  States  not  otherwise  appro- 
priated, to  be  paid  out  on  the  requisition  of  the  Secretary  of  War. 

Approved,  June  14,  1S80. 


Chap.  231. — An  act  for  the  jjovernnient  and  control  of  the  harbor  of  refuge  at  Sand 
Beach,  Lake  Huron,  Michigan. 

Be  it  enacted  by  the  Senate  and  House  of  Repreaentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  from  and  after  the  pas- 
sage of  this  act,  and  until  the  completion  of  the  work  of  construction 
the  Secretary  of  War  is  directed  to  assume  full  control  over  the  harbor 
of  refuge  on  Lake  Huron  at  Sand  Beach,  Michigan,  now  in  course  of 
construction  by  the  United  States  Government,  and  of  the  piers,  break- 
waters, docks,  wharves,  buildings,  and  other  improvements  made  by 
the  United  States  appertaining  to  said  harbor  of  refuge,  and  to  facili- 
tate the  use  thereof,  including  the  channels  of  and  approaches  to  said 
harbor  of  refuge,  so  far  as  may  be  necessary  to  the  protection  and  use 
of  said  harb<ir  and  the  imi)rovements  aforesai<l ;  and  said  Secretary  of 
W^ar,  for  the  purpose  aforesaid,  and  for  the  ])reservation  of  said  harbor 
in  the  interests  of  commerce,  shall  i)rescribe  such  regulations  not  in- 
consistent with  the  laws  of  the  T'nited  States  respecting  the  use  of  said 
harbor  and  its  channels,  and  the  approaciies  thereto,  and  respecting  the 
use  of  the  piers,  breakwaters,  <locks,  wharves,  buildings,  and  other  im- 
jirovenients  of  said  harbor,  made  by  the  United  States,  as  he  shall  deem 
needful  to  fully  protect  and  preserve  the  said  harbor  and  its  several 
channels  and  approaches,  and  the  said  piers,  breakwaters,  docks, 
wharves,  buildings,  and  other  im))r()vements.  Such  regulations  shall  be 
promulgated  by  publication  thereof  for  ten  days  consecutively  in  one 
daily  newspaper  published  in  each  of  the  cities  of  Detroit,  Port  Huron, 


154  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Buffalo,  Cleveland,  and  Chicago,  and  said  regulations  may  be  changed 
in  like  manner  from  time  to  time.  He  shall  also  cause  four  copies  of 
such  regulations  to  be  kept  posted  in  conspicuous  places  on  said  piers 
and  breakwaters. 

Sec.  2.  That  the  Secretary  of  War  shall  appoint,  upon  the  recom- 
mendation of  the  engineer  officer  in  charge  of  the  work,  a  custodian  of 
said  harbor  and  the  improvements  aforesaid,  whose  duty  it  shall  be  to 
preserve  and  protect  the  same  under  the  regulations  made  as  aforesaid 
by  the  Secretary  of  War,  and  to  enforce  the  observance  of  said  regula- 
tions and  to  guard  and  preserve  the  property  of  the  United  States  at 
said  harbor  of  refuge.  Said  custodian  shall  also  have  power  to  direct 
and  regulate  the  stationing  and  anchoring  of  steam  vessels  and  water- 
craft  in  said  harbor,  and  the  mooring  thereof  at  the  piers,  breakwaters, 
docks,  and  wharves  of  said  harbor,  and  the  laying  out  and  discharging 
of  cargoes  and  ballast  in  said  harbor,  piers,  breakwaters  and  docks; 
and  it  shall  be  the  duty  of  said  custodian  to  report  to  the  United  States 
District  Attorney  for  the  eastern  district  of  Michigan  all  violations  of 
this  act,  and  of  the  said  regulations  prescribed  by  the  Secretary  of  War; 
and  said  custodian  shall  receive  such  compensation,  not  exceeding  one 
hundred  and  fifty  dollars  per  month,  as  the  Secretary  of  War  may 
allow. 

Sec.  3.  That  it  shall  be  the  duty  of  all  persons  using  or  navigating  said 
harbor,  its  channels  and  aj^proaches,  or  using  any  of  the  piers,  break- 
waters, docks,  w'harves,  or  other  improvements  made  by  the  United 
States,  to  observe  the  regulations  prescribed  by  the  Secretary  of  War 
as  aforesaid;  and  any  person  who  shall  willfully  or  negligently  strand 
or  sink  any  steam-vessel,  boat,  or  craft  in  said  harbor,  or  in  the  channels 
or  approaches,  or  who  shall  willfully  obstruct  or  oppose  the  custodian 
of  said  harbor  in  the  enforcement  of  the  regulations  aforesaid,  or  who 
shall  willfully  or  negligently,  or  by  failure  or  neglect  to  observe  tlie  reg- 
ulations prescribed  by  the  Secretary  of  \yar  for  the  use  thereof,  obstruct 
or  impair  said  harbor,  or  cause  any  impediment,  injury,  tilling  up,  or 
shoaling  therein,  or  shall  depost  any  earth,  ashes,  stone,  ballast,  or  other 
substances  in  said  harber,  channels  or  approaches  tending  to  obstruct 
or  impair  the  navigation  thereof,  or  who  shall  willfully  damage  or  injure 
the  piers,  break-waters,  wharves,  docks,  or  other  improvements  of  said 
harbor  made  by  the  United  States,  or  who  shall  fail  to  obey  and  observe 
any  of  said  prescribed  regulations,  shall  be  liable  to  a  penalty  of  not 
less  than  fifty  dollars  nor  more  than  five  hundred  dollars,  to  be  recovered 
by  information  or  by  action  of  debt  in  the  District  Court  of  the  United 
States  for  the  eastern  district  of  Michigan,  with  costs  of  suit,  and  shall, 
in  addition  thereto,  be  liable  to  the  United  States,  or  to  any  person  ag- 
grieved by  such  obstructions,  or  injuries,  or  unlaw^ful  acts  or  omissions 
in  a  civil  action  for  all  damages  occasioned  thereby,  or  by  any  of  said 
unlawful  acts,  to  said  United  States  or  such  aggrieved  person.  And  if 
such  damage  or  injury  to  said  harbor,  channels,  approaches,  piers,  break- 
waters, docks,  wharves,  and  other  property  of  the  United  States  in  said 
harbor  of  refuge  be  committed  by  any  steamer,  vessel,  or  water-craft, 
or  by  the  master  or  person  in  charge  thereof,  or  if  such  master  or  other 
person  in  charge  of  such  vessel  shall  willfully  violate  the  regulations 
aforesaid,  the  aforesaid  penalty  of  not  less  than  fifty  dollars  nor  more 
than  five  hundred  dollars  shall  be  incurred,  and  such  vessel  shall  be  lia- 
ble for  the  penalty  aforesaid,  and  may  be  proceeded  against  by  way  of 
libel  for  the  recovery  thereof  in  any  court  of  the  United  States  within 
whose  jurisdiction  su(;h  vessel  may  be  found. 

Sec.  4.  That  the  Secretary  of  War  may,  in  his  discretion,  purchase  or 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       155 

hire  a  steam  lauuch  or  tuf?,  to  be  stationed  at  and  used  about  said  harbor, 
under  the  direction  of  said  custodian,  for  the  purpose  of  enforcing  the 
provisions  of  this  act;  and  such  a  sum  as  may  be  necessary,  not  exceed- 
ing ten  thousand  dolhirs,  is  hereby  appropriated  for  the  purchase  or  hire 
of  said  steam-launch  ;  and  the  expense  of  running  and  maintaining  said 
launcli  or  tug  and  the  salary  of  the  custodian  shall  be  paid  out  of  the 
appropriation  made  for  said  harbor  of  refuge. 

Sec.  5.  That  after  the  completion  of  said  harbor  by  the  United  States 
Government  the  control  shall  be  transferred  to  the  Secretary  of  the 
Treasury. 

Approved,  June  19, 1882. 

Chap,  2.— An  act  makinff  an  api)ropriation  for  contimiing  the  improveiueut  of  the 
Mississippi  River. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  sum  of  one  million 
dollars  be,  and  is  hereby,  appropriated  or  so  much  thereof  as  may  be 
necessarv,  out  of  any  money  in  the  Treasury  not  otherwise  appropriated, 
for  the  improvement  of  the  Mississippi  Kiver,  which  said  sum  shall  be 
expended,  under  the  direction  of  the  Secretary  of  War,  in  accordance 
with  the  plans,  specifications,  estimates,  and  recommendations  of  the 
Mississippi  Kiver  Commission  created  by  an  act  entitled  "Au  act  to 
provide  for  the  appointment  of  a  Mississippi  Eiver  Commission  for  the 
improvement  of  said  river  from  the  Head  of  the  Passes,  near  its  mouth, 
to  its  head-waters",  approved  June  twenty-eighth,  eighteen  hundred 
and  seventy-nine:  Provided,  That  the  money  hereby  appropriated  shall 
be  used  solely  for  the  improvement  of  the  navigation  of  the  Mississippi 
Eiver  and  no  part  thereof  shall  be  expended  with  the  view  to  the  im- 
provement of  private  property. 

Approved,  January  19, 1884. 


PART  VII. 


1.  Public  health. 

2.  Quarantine. 

3.  Hospitals,  &c. 


1.— PUBLIC  HEALTH.* 

(Kevised  Statutes,  Title  LVIII.) 

Sec.  4792,  The  quarantines  and  other  restraints  established  by  the 
health-laws  of  any  State,  respecting  any  vessels  arriving  in,  or  bound 
to,  any  port  or  district  thereof,  shall  be  duly  observed  by  the  officers 
of  the  customs  revenue  of  the  United  States,  by  the  masters  and  crews 
of  the  several  revenue-cutters,  and  by  the  military  officers  commanding 
in  any  fort  or  station  upon  the  sea-coast ;  and  all  such  officers  of  the 
United  States  shall  faithfully  aid  in  the  execution  of  such  quarantines 
and  health-laws,  according  to  their  resi)ective  powers  and  within  their 
respective  precincts,  and  as  they  shall  be  directed,  from  time  to  time, 
by  the  Secretary  of  the  Treasury.  But  nothing  in  this  Title  shall  enable 
any  State  to  collect  a  duty  of  tonnage  or  impost  without  the  consent  of 
Congress. 

Sec.  4793.  Whenever,  by  the  health-laws  of  any  State,  or  by  the  reg- 
ulations made  pursuant  thereto,  any  vessel  arriving  within  a  collection- 
district  of  such  State  is  prohibited  from  coming  to  the  port  of  entry  or 
delivery  by  law  established  for  such  district,  and  such  health-laws  re- 
quire or  permit  the  cargo  of  the  vessel  to  be  unladen  at  some  other 
place  within  ov  near  to  such  district,  the  collector,  after  due  report  to 
him  of  the  whole  of  such  cargo,  may  grant  his  warrant  or  permit  for 
the  unlading  and  discharge  thereof,  under  the  care  of  the  surveyor,  or 
of  one  or  more  insi)ectors,  at  some  other  place  where  such  health-laws 
permit,  and  upon  the  conditions  and  restrictions  which  shall  be  directed 
by  the  Secretary  of  the  Treasury,  or  which  such  collector  may,  for  the 
time,  deem  expedient  for  the  security  of  the  public  revenue. 

Sec.  4794.  There  shall  be  purchased  or  erected,  under  the  orders  of 
the  President,  suitable  warehouses,  witli  wharves  and  inclosures,  where 
merchandise  mav  be  unladen  and  deposited,  from  any  vessel  which 
shall  be  subject' to  a  quaiantiiie,  or  other  restraint,  pursuant  to  the 
health-laws  of  anv  State,  at  such  convenient  places  therein  as  the  satety 
of  the  public  revenue  and  the  observance  of  such  health-laws  may 
require.  ^, 

Sec.  4795.  Whenever  the  cargo  of  a  vessel  is  unladen  at  some  other 
place  than  the  port  of  entrv  or  delivery  under  the  foregoing  provisions, 
all  the  articles  of  such  cargo  shall  be  deposited,  at  the  risk  of  the  parties 

*  See  sec.  1776. 

157 


158  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

coucerned  therein,  in  such  public  or  other  warehouses  or  inclosures  as 
the  collector  shall  designate,  there  to  remain  under  the  joint  custody  of 
such  collector  and  of  the  owner,  or  master,  or  other  person  having  charge 
of  such  vessel,  until  the  same  are  entirely  unladen  or  discharged,  and 
until  the  articles  so  deposited  may  be  .'jafely  removed  without  contra- 
vening such  health  laws.  And  when  such  removal  is  allowed,  the  col- 
lector having  charge  of  such  articles  may  grant  permits  to  the  respective 
bwners  or  consignees,  their  factors  or  agents,  to  receive  all  merchandise 
which  has  been  entered,  and  the  duties  accruing  upon  which  have  been 
paid,  upon  the  payment  by  them  of  a  reasonable  rate  of  storage;  which 
shall  be  fixed  by  the  Secretary  of  the  Treasury  for  all  public  warehouses 
and  inclosures. 

Sec.  4796.  The  Secretary  of  the  Treasury  is  authorized,  whenever  a 
conformity  to  such  quarantines  and  health-laws  requires  it,  and  in  re- 
spect to  vessels  subject  thereto,  to  prolong  the  terms  limited  for  the 
entry  of  the  same,  and  the  report  or  entry  of  their  cargoes,  and  to  vary 
or  dispense  with  any  other  regulations  applicable  to  such  reports  or 
entries.  Xo  part  of  the  cargo  of  any  vessel  shall,  however,  in  any  case, 
be  taken  out  or  unladen  therefrom,  otherwise  than  is  allowed  by  law,  or 
according  to  the  regulations  hereinafter  established. 

Sec.  4797.  Whenever,  by  the  prevalence  of  any  contagious  or  epi- 
demic disease  in  or  near  the  place  by  law  established  as  the  port  of 
entry  for  any  collection-district,  it  becomes  dangerous  or  inconvenient 
for  tiie  officers  of  the  revenue  employed  therein  to  continue  the  discharge 
of  their  respective  offices  at  such  port,  the  Secretary  of  the  Treasury, 
or,  in  his  absence,  the  First  Comptroller,  may  direct  the  removal  of  the 
officers  of  the  revenue  from  such  port  to  any  other  more  convenient  place, 
within,  or  as  near  as  may  be  to,  such  collection-district.  And  at  such 
place  such  officers  may  exercise  the  same  powers,  and  shall  be  liable  to 
the  same  duties,  according  to  existing  circumstances,  as  in  the  port  or 
district  established  by  law.  Public  notice  of  any  such  removal  shall  be 
given  as  soon  as  may  be. 

Sec.  4798.  In  case  of  the  prevalence  of  a  contagious  or  epidemic 
disease  at  the  seat  of  Government,  the  President  may  permit  and  direct 
the  removal  of  any  or  all  the  public  offices  to  such  other  i)lace  or  places 
as  he  shall  deem  most  safe  and  convenient  for  conducting  the  public 
business. 

Sec.  4799.  Whenever,  in  the  opinion  of  the  Chief  Justice,  or,  in  case 
of  his  death,  or  inability,  of  the  senior  associate  justice  of  the  Supreme 
Court,  a  contagious  or  epidemic  sickness  shall  render  it  hazardous  to 
hold  the  next  stated  session  of  the  court  at  the  seat  of  Government, 
the  chief  or  such  associate  justice  may  issue  his  order  to  the  marshal  of 
the  Supreme  Court,  directing  him  to  adjourn  the  next  session  of  the 
court  to  such  other  place  as  such  justice  deems  convenient.  The  mar- 
shal shall  thereupon  adjourn  the  court,  by  making  publication  thereof 
in  one  or  more  ]niblic  papers  printed  at  the  seat  of  Government  from 
the  time  he  shall  receive  such  order  until  the  time  by  law  prescribed 
for  commencing  the  session.  The  several  circuit  and  district  judges 
shall,  respectively,  under  the  same  circumstances,  have  the  same  power, 
by  the  same  means,  to  direct  adjournments  of  the  several  circuit  and 
district  courts  to  some  convenient  place  within  their  districts  respect- 
ively. 

Sec.  4800.  The  judge  of  any  district  court,  within  whose  district  any 
contagious  or  epidemic  disease  shall  at  any  time  prevail,  so  as,  in  his 
opinion,  to  endanger  the  lives  of  persons  contined  in  the  prison  of  such 
district,  in  pursuance  of  any  law  of  the  United  States,  may  direct  the 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  loS' 

marshal  to  cause  the  persons  so  confined  to  be  removed  to  the  next 
adjacent  prison  where  such  disease  does  not  prevail,  there  to  be  con- 
fined until  they  may  safely  be  removed  back  to  the  i>lace  of  their  first 
confinement.  Such  removals  shall  be  at  the  expense  of  the  United 
States. 


Chap.  66. — An  act  to  prevL-ut   the  introduction  of  contagious  or  infectious  dibcases- 
into  the  United  States. 

Be  it  enacted  by  the  Senate  and  Houne  of  Representatives  of  the  United 
States  of  America  in  (Jon{/ress  assembled,  That  no  vessel  or  vehicle  coming 
from  any  foreijiu  port  or  country  where  any  contaf;ious  or  infe(;tious 
disease  'may  exist,  and  no  vessel  or  vt4iicle  conveying  any  person  or 
persons,  merchandise  or  animals,  atiected  with  any  infectious  or  onta- 
gious  disease,  shall  enter  any  port  of  the  United  States  or  pass  the 
boundary  line  between  the  United  States  and  any  foreign  country,  con- 
trary to  the  quarantine  laws  of  any  one  of  said  United  States,  into  or 
through  the  jurisdiction  of  which  said  vessel  or  vehicle  may  i)ass,  or  to 
which  it  is  destined,  or  except  in  the  manner  and  subject  to  the  regula- 
tions to  be  ])rescribed  as  hereinafter  i)rovided. 

Sec.  2.  That  wiieuever  any  infectious  or  contagious  disease  shall  ap- 
pear in  any  foreign  port  or  country,  and  whenever  any  vessel  shall  leave 
any  infected  foreign  port,  or,  having  on  board  goods  or  passengers  com- 
ing from  any  i>lace  or  district  infected  with  cliolera  or  yellow  fever,  shall 
leave  any  foreign  port,  bound  for  any  port  in  the  United  States,  the 
consular  officer,  or  other  representative  of  the  United  States  at  or  near- 
est such  foreign  port  shall  immediately  give  information  thereof  to  the 
Supervising  Surgeon-General  of  the  Marine  Hospital  Service,  and  shall 
report  to  him  the  name,  the  date  of  departure,  and  the  port  of  destina- 
tion of  such  vessel;  and  shall  also  make  the  same  report  to  the  health 
officer  of  the  port  of  destination  in  the  United  States,  and  the  consular 
officers  of  the  United  States  shall  make  weekly  reports  to  him  of  the 
sanitary  condition  of  the  ports  .it  which  they  are  respectively  stationed ; 
and  the  said  Surgeon-Oeneral  of  the  Marine-Hospital  Service  shall, 
under  the  direction  of  the  Secretary  of  the  Treasury,  be  charged  with 
the  execution  of  the  i)rovisions  of  this  act,  and  shall  frame  all  needful 
rules  and  regulations  for  that  purpose,  which  rules  and  regulations, 
shall  be  subject  to  the  approval  of  the  President,  but  such  rules  and 
regulations  shall  not  contlict  with  or  impair  any  sanitary  or  quarantine 
laws  or  regulations  of  any  State  or  municipal  authorities  now  existing 
or  which  may  hereafter  be  enacted. 

Sec.  3.  That  it  shall  be  the  duty  of  the  medical  officer.^;  of  the  Marine- 
Hospital  Service  and  of  customs-officers  to  aid  in  the  enforcement  of  the 
national  quarantine  rules  and  regulations  established  under  the  preced- 
ing section;  but  no  additional  compensation  shall  hi-  allowml  said  offi- 
cers by  reason  of  such  services  as  they  may  be  recpiired  to  perform  under 
this  act,  excei)t  actual  and  necessary  traveling  expen.ses. 

Sec.  4.  That  the  Surgeon-General  of  the  Marine-Hospital  Service 
shall,  upon  receipt  of  information  of  the  dei)arture  of  any  vessel,  goods, 
or  passengers  from  infected  places  to  any  i>ort  in  the  United  States, 
immediately  notify  the  proi)er  State  or  municipal  and  United  States 
officer  or  officers  at  the  threatened  |)oit  of  destination  of  the  vessel,  and 
shall  prepare  and  transmit  to  the  medical  officers  of  the  Marine  Hospital 
Service,  to  collectors  of  customs,  and  to  the  State  and  municipal  health 


160  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

authorities  in  the  Uuited  States,  weekly  abstracts  of  the  consular  saui- 
tary  reports  aud  other  pertinent  intormation  received  by  him. 

Sec.  5.  That  wherever,  at  any  port  of  the  United  States,  any  State 
or  municipal  quarantine  system  may  now,  or  may  hereafter  exist,  the 
officers  or  agents  of  such  system  shall,  ui)on  the  application  of  the  respect- 
ive State  or  municipal  anthorities,  be  authorized  and  empowered  to  act 
as  ofticers  or  agents  of  the  national  quarantine  system,  and  shall  be 
clothed  with  all  the  powers  of  United  States  officers  for  quarantine  pur- 
poses, but  shall  receive  no  pay  or  emoluments  from  the  United  States. 
At  all  other  ports  where,  in  the  opinion  of  the  Secretary  of  the  Treas- 
ury, it  shall  be  deemed  necessary  to  establish  quarantine,  the  medical 
officers  or  other  agents  of  the  Marine-Hospital  Service  shall  perform 
such  duties  in  the  enforcement  of  the  quarantine  rules  and  regulations  as 
may  be  assigned  them  by  the  Surgeon  General  of  that  service  under 
this  act:  Provided,  That  there  shall  be  no  interference  in  any  manner 
with  any  quarantine  laws  or  regulations  as  they  now  exist  or  may  here- 
after be  adopted  under  State  laws. 

Sec.  6.  That  all  acts  or  parts  of  acts  inconsistent  with  this  act  be,  and 
the  same  are  hereby,  repealed. 

Approved,  April  29,  1878. 


Chap.  202.— Au  act  to  prevent  the  introduction  of  infectious  or  contagiou.s  diseases 
into  the  Uuited  States,  and  to  establisli  a  National  Board  of  Health. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  there  shall  be  established 
a  National  Board  of  Health  to  consist  of  seven  members,  to  be  appointed 
by  the  President,  by  and  with  the  advice  and  consent  of  the  Senate,  not 
more  than  one  of  whom  shall  be  appointed  from  any  one  State,  whose 
compensation,  during  the  time  when  actually  engaged  in  the  perform- 
ance of  their  duties  under  this  act,  shall  be  ten  dollars  per  diem  each 
and  reasonable  expenses,  and  of  one  medical  officer  of  the  Army,  one 
medical  officer  of  the  Navy,  one  medical  officer  of  the  Marine  Hospital 
Service,  and  one  officer  from  the  Department  of  Justice,  to  be  detailed 
by  the  Secretaries  of  the  several  Departments  and  the  Attorney  General, 
respectively,  and  the  officers  so  detailed  shall  receive  no  com])ensation. 
Said  board  shall  meet  in  Washington  within  thirty  days  after  the  pas- 
sage of  this  act  and  in  Washington  or  elsewhere  from  time  to  time  upon 
notice  from  the  president  of  the  board,  who  is  to  be  chosen  by  the  mem- 
bers thereof,  or  upon  its  own  adjournments,  and  shall  frame  all  rules  and 
regulations  authorized  or  required  by  this  act,  aud  shall  make  or  cause 
to  be  made  such  special  examinations  and  investigations  at  any  i)laceor 
places  within  the  United  States,  or  at  foreign  ports,  as  they  may  deem 
best,  to  aid  in  the  execution  of  this  act  and  the  promotion  of  its  objects. 

Sec.  2.  Tlie  duties  of  the  National  Board  of  Health  shall  be  to  obtain 
information  upon  all  matters  affecting  the  public  health,  to  advise  the 
several  departments  of  the  government,  the  executives  of  the  several 
States,  and  the  Commissioners  of  the  District  of  Columbia,  an  all  ques- 
tions submitted  by  them,  or  whenever  in  the  opinion  of  the  board  such 
advice  may  tend  to  the  preservation  and  improvement  of  the  public 
health. 

Sec.  3.  That  the  Board  of  Health  with  the  assistance  of  the  Academy 
of  Science,  which  is  hereby  requested  and  directed  to  cooperate  with 
them  for  that  purpose,  shall  report  to  Congress  at  its  next  session  a  full 
statement  of  its  transactions,  together  with  a  plan  for  a  national  public 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  161 

health  organization,  which  plan  shall  be  prepared  after  consultation 
with  the  principal  sanitary  organizations  and  the  sanitarians  of  the  sev- 
eral States  of  the  United  States,  special  attention  being  given  to  the 
subject  of  (piarantine,  both  maritime  and  inland,  and  especially  as  to 
reguhitions  which  should  be  established  between  State  or  local  systems 
of  quarantine  and  a  national  quarantine  system. 

Sec.  4.  The  sum  of  fifty  thousand  dollars,  or  so  much  thereof  as  may 
be  necessary,  is  hereby  appropriated  to  pay  the  salaries  and  expenses 
of  said  board  and  to  carry  out  the  purposes  of  this  act. 

Approved,  jNIareh  3, 1879. 


Chap.  61.— An  act  to  provide  offlce-iooras  for  the  National  Board  of  Health,  and  for 
the  publication  of  its  reports  aud  papers,  and  for  other  purposes. 

Be  it  enacted  by  the  iSenate  and  House  of  Reprefientatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  jSTational  Board  of 
Health  is  hereby  authorized  and  empowered  to  procure  suitable  and 
sufficient  offices  in  the  city  of  Washington  for  the  transaction  of  its  bus- 
iness, at  a  rental  not  to  exceed  the  sum  of  one  thousand  eight  hundred 
dollars  per  annum.  And  said  board  is  also  authorized  to  pay  the  sum 
of  two  hundred  and  twenty-five  dollars  for  the  rent  of  building  num- 
ber fourteen  hundred  aud  five  G  street,  northwest,  in  the  city  of  Wash- 
ington, used  by  the  Xatioual  Board  of  Health  for  offices,  from  the  third 
day  of  April,  eighteen  hundred  and  seventy-nine,  to  the  third  day  of 
July,  eighteen  hundred  and  seventy-nine. 

Sec.  2.  That  the  necessary  printing  of  the  National  Board  of  Health  be 
done  at  the  Government  Printing  Office,  upon  the  requisition  of  the  Sec- 
retary of  the  board,  in  the  same  manner  and  subject  to  the  same  provis- 
ions as  other  public  printing  for  the  several  departments  of  the  govern- 
ment :  Provided,  That  the  cost  of  said  printing  shall  not  exceed  the  sum 
often  thousand  dollars  per  annum. 

Sec.  3.  That  the  National  Board  of  Health  is  hereby  authorized  and 
empowered  to  have  printed  and  bound  ten  thousand  copies  of  the  report  of 
the  Board  of  Medical  Experts  created  by  former  act  of  Congress,  which 
report  shall  include  the  report  of  Doctors  Bemiss  and  Cochran  and  Engi- 
neer Hardee,  upon  the  yellow-fever  epidemic  of  eighteen  hundred  and 
seventy-eight ;  six  thousand  copies  of  the  same  to  be  furnished  the 
House  of  Kepresentatives,  two  thousand  copies  to  the  Senate,  and  the 
residue  to  the  National  Board  of  Health  :  Provided,  That  the  cost  of 
publication  and  binding  said  report  shall  not  exceed  the  sum  of  seven 
thousand  five  hundred  dollars.  And  the  said  board  is  hereby  author- 
ized to  pay  Doctors  Bemiss  and  Cochran  and  Engineer  Hardee  ten  dol- 
lars per  day,  for  the  preparation  of  their  said  report,  for  the  period  of 
two  months :  Provided,  That  the  same  shall  be  completed  and  submitted 
to  the  board  within  that  time. 

Sec.  4.  That  the  National  Board  of  Health  is  hereby  authorized  and 
directed  to  pay  to  Frank  J.  Taylor,  for  services  as  stenographer  to  the 
Board  of  Medical  Experts  in  reporting  evidence  of  medical  men  and 
others  touching  the  causes,  introduction,  and  spread  of  epidemic  diseases 
within  the  United  States,  and  for  preparing  the  same  for  publication, 
the  sum  of  five  hundred  and  forty  dollars,  said  sum  being  the  amount 
allowed  him  by  the  Committee  on  Epidemic  Diseases. 

Sec.  5.  That  the  chief  clerk  of  the  National  Board  of  HealtJi  shall  act 
as  disbursing  agent  for  the  board,  and  shall  give  bond,  conformably  to 
H.  Mis.  391 11 


162  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

sectiou  one  hundred  and  seventy  six  of  the  Revised  Statutes,  for  the 
faithful  performance  of  that  duty,  and  for  such  service  he  shall  receive 
three  hundred  dollars  per  annum,  in  addition  to  his  salary  as  chief  clerk, 
and  the  Board  of  Health  may,  with  the  approval  of  the  Secretary  of  the 
Treasury,  pay  to  his  secretary  such  sum,  in  addition  to  his  pay  as  a  mem- 
ber of  the  board,  as  it  may  deem  proper,  not  exceeding  one  hundred  dol- 
lars per  month. 

Sec.  6.  That  section  three  of  the  act  approved  June  second,  eighteen 
hundred  and  seventy-nine,  entitled  "An  act  to  prevent  the  introduction 
of  contagious  or  infectious  diseases  within  the  United  States",  be 
amended  as  follows :  At  the  end  thereof  insert :  "And  the  Board  of 
Health  shall  have  power,  when  they  may  deem  it  necessary  with  the 
consent  and  approval  of  the  Secretary  of  the  Treasury  as  a  means  of 
preventing  the  importation  of  contagious  or  infectious  diseases  intothe 
United  States,  or  into  one  State  from  another,  to  erect  temporary  quar- 
antine buildings  and  to  acquire  on  behalf  of  the  United  States  titles  to 
real  estate  for  that  purpose,  or  to  rent  houses,  if  there  be  any  suitable, 
at  such  points  and  places  as  are  named  in  such  section". 

Sec.  7.  That  all  the  money  hereinbefore  authorized  to  be  expended 
and  all  contracts  made  and  liabilities  incurred  by  the  National  Board  of 
Health  shall  be  paid  out  of  the  appropriation  of  five  hundred  thousand 
dollars  made  in  the  act  of  Congress  entitled  "An  act  to  prevent  the  in- 
troduction of  contagious  or  infectious  diseases  into  the  United  States", 
approved  June  second,  eighteen  hundred  and  seventy-nine. 

Approved,  July  1,  1879. 


2.-QUARANTINE. 

Chap.  11. — An  act  to  prevent  the  introduction  of  contagious  or  infectious  diseases 
into  the  United  States. 

Be  it  enacted  by  the  Senate  and  Souse  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  it  shall  be  unlawful  for 
any  merchant  ship  or  vessel  from  any  foreign  port  where  any  contagious 
or  infectious  disease  exists,  to  enter  any  port  of  the  United  States  except 
in  accordance  with  the  provisions  of  this  act,  and  all  rules  and  regula- 
tions of  State  boards  of  health  and  all  rules  and  regulations  made  in 
pursuance  of  this  act;  and  any  such  vessel  which  shall  enter,  or  attempt 
to  enter,  a  port  of  the  United  States,  in  violation  thereof,  shall  forfeit  1  o 
the  United  States  a  sum,  to  be  awarded  in  the  discretion  of  the  court, 
not  exceeding  one  thousand  dollars,  which  shall  be  a  lien  upon  said 
vessel,  to  be  recovered  by  proceedings  in  the  proper  district  courts  of  the 
United  States.  And  in  all  such  proceedings  the  United  States  district 
attorney  for  such  district  shall  appear  on  behalf  of  the  United  States, 
and  all  such  proceedings  shall  be  conducted  in  accordance  with  the  rules 
and  laws  governing  cases  of  seizure  of  vessels  for  violation  of  tlie  revenue 
laws  of  the  United  States. 

Sec.  2.  All  such  vessels  shall  be  required  to  obtain  from  the  consul, 
vice-consul,  or  other  consular  ofldcer  of  the  United  States  at  the  port  of 
departure,  or  from  the  medical  officer,  where  such  officer  has  been  detailed 
by  the  Presideut  for  that  purpose,  a  certificate  in  duplicate  setting  forth 
the  sanitary  history  of  said  vessel,  and  that  it  has  in  all  respects  complied 
with  the  rules  and  regulations  in  such  cases  prescribed  for  securing  the 
best  sanitary  condition  of  the  said  vessel,  its  cargo,  passengers,  and  crew  5 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  163 

and  said  consular  or  medical  officer  is  required,  before  j-ranting:  such 
certiticate,  to  be  satisfied  tlie  matters  and  things  therein  stated  are  true; 
and  for  his  services  in  that  behalf  he  sliall  be  entitled  to  deunind  and 
receive  such  fees  as  shall  by  lawful  regulation  be  allowed,  to  beaccounted 
for  as  is  re(iuired  in  other  cases. 

That  upon  the  re<iuest  of  the  National  Board  of  Health  the  President 
is  authorized  to  detail  a  medical  officer  to  serve  in  the  office  of  the  consul 
at  any  foreign  port  for  the  purpose  of  making  the  insi)ection  and  giving 
the  certificates  hereinbefore  mentioned:  Provided,  That  the  number  of 
officers  so  detailed  shall  not  exceed  at  anyone  time  six:  Provided  further^ 
That  any  vessel  sailing  froui  any  such  port  without  such  certiticate  of 
said  medical  officer,  entering  any  port  of  the  United  States,  shall  forfeit 
to  the  United  States  the  sum  of  five  hundred  dollars,  which  shall  be  a 
lien  on  the  sanie  to  be  recovered  by  i)roceediugs  in  the  proper  district 
court  of  the  United  States.  And  in  all  such  pi-oceedings  the  United 
States  district  attorney  for  such  district  shall  appear  on  behalf  of  the 
United  States,  and  all  such  proceedings  shall  be  conducted  in  accordance 
with  the  rules  and  laws  governing  cases  of  seizure  of  vessels  for  viola- 
tion of  the  revenue  laws  of  the  United  States. 

Sec.  3.  That  the  National  Board  of  Health  shall  co  operate  with  and, 
so  far  as  it  lawfully  may,  aid  State  and  municipal  boards  of  health  in 
the  execution  and  enforcement  of  the  rules  and  regulations  of  such  boards 
to  prevent  the  introduction  of  contagions  or  infectious  diseases  into  the 
United  States  from  foreign  countries,  and  into  one  State  from  another  ; 
and  at  such  ports  and  places  within  the  United  States  as  have  no 
quarantine  regulations  under  State  authority  where  such  regulations 
are,  in  the  opinion  of  the  National  Board  of  Health,  necessary  to  pre- 
vent the  introduction  of  contagious  or  infectious  diseases  into  the 
United  States  from  foreign  countries,  or  into  one  State  from  another; 
and  at  such  ports  and  places  within  the  United  States  where  quarantine 
regulations  exist  under  the  authority  of  the  State,  wliich,  in  the  opinion 
of  the  National  Board  of  Health,  are  not  sufficient  to  [)revent  the  intro- 
duction of  such  diseases  into  the  United  States,  or  into  one  State  from 
another,  the  National  Board  of  Health  shall  report  the  facts  to  the 
President  of  the  United  States,  who  shall,  if.  in  his  judgment,  it  is  nec- 
essary and  proper,  order  said  Board  of  Health  to  make  such  additional 
rules  and  regulations  as  are  necessary  to  prevent  the  introduction  of 
such  diseases  into  the  United  States  from  foreign  countries,  or  into  one 
State  from  another,  which,  when  so  made  and  approved  by  the  Presi- 
dent, shall  be  promulgated  by  the  National  Board  of  Health  and  en- 
forced by  the  sanitary  authorities  of  the  States,  where  the  State  author- 
ities will  undertake  to  execute  and  enforce  them;  but  if  the  State  au- 
thorities shall  fail  or  refuse  to  enforce  said  rules  and  regulations  the 
President  may  detail  an  officer  or  appoint  a  proper  person  for  that  pur- 
pose. 

The  Board  of  Health  shall  make  such  rules  and  regulatunis  as  are 
authorized  by  the  laws  of  the  United  States  and  necessary  to  be  observed 
by  vessels  at  the  port  of  departure  and  on  the  voyage  where  such  ves- 
sels sail  from  any  foreign  port  or  place  at  wliich  contagious  or  infectious 
disease  exists,  to  any  port  or  place  in  the  United  States,  to  secure  the 
best  sanitary  condition  of  such  vessel,  her  cargo,  ]iassengers,  and  crew, 
and  when  said  rules  and  regulations  have  been  approved  by  the  Presi- 
dent they  shall  be  published  and  communicated  to,  and  enforced  by, the 
consula/officers  of  the  United  States:  Provided,  ihat  none  of  the  pen- 
alties herein  imposed  shall  attach  to  any  vessel  or  any  owner  or  officer 
thereof,  till  the  act  and  the  rules   and  regulations  made  m  pursuance 


164  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

thereof  isliall  Lave  been  officially  promulgated  for  at  least  ten  days  in 
the  port  from  which  said  vessel  sailed. 

Sec.  4.  It  shall  be  the  duty  of  the  National  Board  of  Health  to  obtain 
information  of  the  sanitary  condition  of  foreign  ports  and  jdaces  from 
Avhich  contagious  and  infectious  diseases  are  or  may  be  imported  into  the 
United  States,  and  to  this  end  the  consular  officers  of  the  United  States 
at  such  ports  and  places  as  shall  be  designated  by  the  IsTational  Board 
of  Health  shall  make  to  said  Board  of  Health  weekly  reports  of  the 
^sanitary  condition  of  the  ports  and  places  at  which  they  are  respect- 
ively stationed,  according  to  such  forms  as  said  Board  of  Health  shall 
prescril)e  ;  and  the  Board  of  Healtli  shall  also  obtain,  through  all  sources 
accessible,  including  State  and  municipal  sanitary  authorities  through- 
out the  United  States,  weekly  reports  of  the  sanitary  condition  of  ports 
and  places  within  the  United  States  ;  and  shall  prepare,  publish,  and 
transmit  to  the  medical  officers  of  the  Marine  Hospital  Service,  to  col- 
lectors of  customs,  and  to  State  and  municipal  health  officers  and  au- 
thoritii'S,  weekly  abstracts  of  the  consular  sanitary  reports  and  other 
pertinent  information  received  by  said  board ;  and  shall  also,  as  far  as 
it  may  be  able,  by  means  of  the  voluntary  co-operation  of  State  and  mu- 
nicipal authorities,  of  public  associations  and  private  persons,  i)rocure 
information  relating  to  the  climatic  and  other  conditions  affecting  the 
publtc  health;  and  shall  make  to  the  Secretary  of  the  Treasury  an  an- 
nual report  of  its  operations,  for  transmission  to  Congress,  with  such 
recommendations  as  it  may  deem  important  to  the  public  interests ;  and 
said  report,  if  ordei'ed  to  be  printed  by  Congress,  shall  be  done  under 
the  direction  of  the  board. 

Sec.  5.  That  the  iS^'ational  Board  of  Health  shall  from  time  to  time 
issue  to  the  ( onsular  officers  of  the  United  States  and  to  the  medical 
officers  serving  at  any  foreign  port,  and  otherwise  make  publicly  known, 
the  rules  and  regulations  made  by  it  and  approved  by  the  President,  to 
be  used  and  complied  with  by  vessels  in  foreign  ports  for  securing  the 
best  sanitary  condition  of  such  vessels,  their  cargoes,  passengers,  and 
crews,  before  their  departure  for  any  port  in  the  United  States,  and  in 
the  course  of  the  voyage ;  and  all  such  other  rules  and  regulations  as 
shall  be  observed  in  theinspection  of  the  same  on  the  arrival  thereof  at 
any  quarantine  station  at  the  port  of  destination,  and  for  the  disinfec- 
tion and  isolation  of  the  same,  and  the  treatment  of  cargo  and  persons 
on  board,  so  as  to  prevent  the  introduction  of  cholera,  yellow  fever,  or 
other  contagious  or  infectious  diseases ;  and  it  shall  not  be  lawful  for 
any  vessel  to  enter  said  port  to  discharge  its  cargo  or  land  its  passen- 
gers except  upon  a  certificate  of  the  health  officer  at  such  quarantine 
station,  certifying  that  said  rules  and  regulations  have  in  all  respects 
been  observed  and  complied  with,  as  well  on  his  part  as  on  the  part  of 
the  said  vessel  and  its  master,  in  respect  to  the  same  and  to  its  cargo, 
passengers  and  crew ;  and  the  master  of  every  such  vessel  shall  pro- 
duce and  deliver  to  the  collector  of  customs  at  said  port  of  entry,  to- 
gether with  the  other  papers  of  the  vessel,  the  said  certificates  required 
to  be  obtained  at  the  port  of  departure,  and  the  certificate  herein  required 
to  be  obtained  from  the  health  officer  at  the  port  of  entry. 

Sec.  6.  That  to  pay  the  necessary  expenses  of  placing  vessels  in  proper 
sanitary  condition,  to  be  incurred  under  the  provisions  of  this  act,  the 
SecretaVy  of  the  Treasury  be,  and  he  hereby  is,  authorized  and  required 
to  make  the  necessary  rules  and  regulations  fixing  the  amount  of  fees  to 
be  paid  by  vessels  for  such  service,  and  the  manner  of  collecting  the 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  165 

Sec.  7.  That  the  President  is  authorized,  wlien  requested  by  the 
National  Board  of  Health,  and  when  the  same  can  be  done  without  preju- 
dice to  the  public  service,  to  detail  officers  from  the  several  dei)artments 
of  the  oovernment,for  temjioiary  duty,  to  act  under  the  direction  of  said 
board,  to  carry  out  the  provisions  of  this  act ;  and  such  officers  shall 
receive  no  additional  compensation  except  for  actual  and  necessary 
expenses  incurred  in  the  performance  of  such  duties. 

Sec.  8.  That  to  meet  the  expenses  to  be  incurred  in  carrying  out  the 
l)rovisions  of  this  act,  the  sum  of  five  hundred  thousand  dollars,  or  so 
much  thereof  as  may  be  necessary,  is  hereby  appropriated,  to  be  dis- 
bursed under  the  direction  of  the  Secretary  of  the  Treasury  on  estimate* 
to  be  made  by  the  National  Board  of  Health,  and  to  be  ai)proved  by  him. 
Said  National  Board  of  Health  shall  as  often  as  quarterly  make  a  full 
statement  of  its  operations  and  expenditures  under  this  act  to  the  Sec- 
retary of  the  Treasury,  who  shall  report  the  same  to  Congress. 

Sec.  9.  That  so  much  of  the  act  entitled  "An  act  to  prevent  tiie  intro- 
duction of  contagious  or  infectious  diseases  into  the  United  States"% 
approved  Ai)ril  tweuty-ninth,  eighteen  hundred  and  seventy-eight,  as 
requires  consular  officers  or  other  representatives  of  the  United  States 
at  foreign  ports  to  report  the  sanitary  condition  of  and  the  departure  of 
vessels  from  such  ports  to  the  Supervising  Surgeon-General  of  the 
Marine  Hosi)ital  Service;  and  so  much  of  said  act  as  requires  the  Sur- 
geon-General of  the  Marine  Hospital  Service  to  frame  rules  and  regula- 
tions, and  to  execute  said  act,  and  to  give  notice  to  Federal  and  State 
officers  of  the  approach  of  infected  vessels,  and  furnish  said  officers  with 
weekly  abstracts  of  consular  sanitary  reports,  and  all  other  acts  and 
parts  of  acts  inconsistent  With  the  provisions  of  this  act  be,  and  the  same 
are  hereby,  repealed. 

Sec.  10.  This  act  shall  not  continue  in  force  for  a  longer  period  than 
four  years  from  the  date  of  its  approval. 

Api)roved,  June  2,  1879. 


3.— HOSPITALS,  &c.* 

(Revised  Statutes,  Title  XIX,  chap.  1.) 

Sec.  4801.  The  President  is  authorized  to  receive  donations  of  rea 
or  personal  iiroperty,  in  the  name  of  the  United  States,  for  the  erection 
or  support  of  liospitals  for  sick  and  disabled  seamen. 

Sec.  4802.  The  Secretary  of  the  Treasury  shall,  from  time  to  time, 
appoint  a  surgeon  to  act  as  supervising  surgeon  of  marine-hospital  serv- 
ice, who  shall,  under  the  direction  of  the  Secretary,  supervise  all  mat- 
ters connected  with  the  marine-hospital  service,  and  with  the  disburse- 
ment of  the  fund  for  the  relief  of  sick  and  disabled  seameu.t  He  shall 
be  entitled  to  a  salary  of  not  more  than  two  thousand  dollars  a  year, 
and  to  his  necessary  traveling  expenses.  And  he  shall  make  monthly 
reports  to  the  Secretary  of  the  Treasury. 


*  See  sees.  3689,  3692,  4545,  4585-4587.  and  4610. 

tThe  term  seamen  within  the  n)eaniug  of  the  Act  of  March  3,  1875,  providing  for 
the  assessment  of  hospital  tax  includes  captains,  supercargos,  medical  officers,  purs- 
ers, clerks,  mates,  pilots,  engineers,  qnarterinastrrs.  gunners,  hoatswaiiis,  sailinakere, 
carpenters,  watchmen,  firemen,  coal-heavers  or  stokers,  oilers,  water-tenders,  stew- 
ards, cooks,  hakers,  butchers,  pantrymen,  boys,  storekeepers,  deck-hands,  second-class 
deck-hands  or  roustabouts,  lightermen,  and  all  persons  employed  on  board.  (Treae- 
urv  Decision,  '2107.1 


166  NAVIGATION    LAWS    OF    THE    UNITED    STATES 

Sec.  4803.  Tlie  several  collectors  of  the  customs  shall  resi)ectively  de- 
posit, without  abatement  orredactiou,  the  sums  collected  by  them  under 
the  provisions  of  law  imposing  atax  ujwn  seamen  for  hospital  purposes, 
with  the  nearest  depositary  of  public  moneys,  and  shall  make  returns 
of  the  same,  with  proper  vouchers,  monthly,  to  the  Secretary  of  the 
Treasury,  upon  forms  to  be  furnished  by  him.  All  such  moneys  shall 
be  placed  to  the  credit  of  "the  fund  for  the  relief  of  sick  and  disabled 
seamen;"  of  which  fund  separate  accounts  shall  be  kept  in  the  Treas- 
ury. Such  fund  is  appropriated  for  the  expenses  of  the  marine-hospital 
service,  and  shall  be  employed,  under  the  direction  of  the  Secretary  of 
the  Treasury,  for  the  care  and  relief  of  sick  and  disabled  seamen  em, 
ployed  in  registered,  enrolled,  and  licensed  vessels  of  the  United  States. 

Sec.  4804.  No  person  employed  in  or  connected  with  the  navigation 
management,  or  use  of  canal-boats  engaged  in  the  coasting-trade  shall 
by  reason  thereof  be  entitled  to  any  benefit  or  relief  from  the  marine- 
hospital  fund. 

Sec.  4805.  Sick  foreign  seamen  may  be  admitted  to  the  marine  hos- 
pitals within  the  United  States,  if  it  can  with  convenience  be  done,  on 
the  application  of  the  master  of  any  foreign  vessel  to  which  any  such 
seaman  may  belong.  Each  seaman  so  admitted  shall  be  subject  to  a 
charge  of  seventy-five  cents  per  day  for  each  day  he  may  remain  in  the 
hospital,  which  shall  be  paid  by  the  master  of  such  foreign  vessel  to  the 
collector  of  the  collection-district  in  which  such  hospital  is  situated. 
And  the  collector  shall  not  grant  a  clearance  to  any  foreign  vessel  until 
the  monej'  so  due  from  her  master  shall  be  paid.  The  officer  in  charge 
of  each  hospital  is  hereby  directed,  under  ])enalty  of  fifty  dollars,  to 
make  out  the  accounts  against  each  foreign  seaman  that  may  be 
placed  in  the  hospital  under  his  direction,  and  render  the  same  to  the 
collector. 

Sec.  4806.  The  Secretary  of  the  Treasury  is  authorized  to  lease,  or 
to  sell  at  public  auction,  to  the  highest  and  best  bidder,  for  cash,  after 
due  notice  in  the  public  newspapers,  such  marine-hospital  buildings  and 
lands  appertaining  thereto  as  he  may  deem  it  advisable  to  sell,  and  to 
make,  execute,  and  deliver  all  needful  conveyances  to  the  lessees  or  pur- 
chasers thereof  respectively;  and  the  proceeds  of  such  leases  and  sales 
are  hereby  ap})ropriated  for  the  marine-hospital  establishment.  But  the 
hospitals  at  Cleveland  in  Ohio,  and  Portland  in  Maine,  shall  not  be  sold 
or  leased.  And  this  section  shall  not  be  construed  to  authorize  the  Sec- 
retary of  the  Treasury-  to  lease  or  sell  any  such  hospital  where  the  relief 
furnished  to  sick  mariners  shall  show  an  extent  of  relief  equal  to  twenty 
cases  a  day  on  an  average  for  the  last  preceding  four  years,  or  where 
no  other  suitable  and  sufficient  hospital  accommodations  can  be  pro- 
cured upon  reasonable  terms  for  the  comfort  and  convenience  of  the 
patients. 

Sec.  4807.  The  Secretary  of  the  Navy  shall  have  the  general  charge 
and  superintendence  of  Navy  hospitals. 

Sec.  4808.  The  Secretary  of  the  Navy  shall  deduct  from  the  pay  due 
each  officer,  seaman  and  marine,  in  the  Navy,  at  the  rate  of  twenty 
cents  per  month  for  each  person,  to  be  applied  to  the  fund  for  Navy 
hospitals. 

Sec.  4809.  All  fines  imposed  on  navy  officers,  seamen,  and  marines 
shall  be  paid  to  the  Secretary  of  the  Navy,  for  the  maintenance  of  Navy 
hospitals. 

*  Sec.  4810.  The  Secretary  of  the  Navy  shall  procure  at  suitable  places 

*  See  sec.  355. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  167 

proper  sites  for  Navy  hosi)itHls,  aud  if  the  uecessary  biiildiiiji-s  are  not 
procured  with  the  site,  shall  cause  such  to  be  erected,  haviugdue  regard 
to  economy,  and  giving  i)reference  to  such  plans  as  with  most  conven- 
ience and  least  cost  will  admit  of  subsequent  additions,  when  the  funds 
permit  and  circumstances  require  ;  and  shall  provide,  at  one  of  the  es- 
tablishments, a  ])ermaneut  asylum  for  disabled  and  decrepit  Navy  offi- 
cers, seamen,  and  marines. 

Sec.  4811.  The  asylum  for  disabled  and  decrepit  Navy  officers,  sea- 
men, and  marines  shall  be  governed  in  accordance  with  the  rules  and 
regulations  prescribed  by  the  Secretary  of  the  Navy. 

Sec.  4812.  For  every  Navy  officer,  seaman,  or  marine  admitted  into 
a  Navy  hospital,  the  institution  shall  be  allowed  one  ration  per  day  dur- 
ing his  continuance  therein,  to  be  deducted  from  the  account  of  the 
United  States  with  such  officer,  seaman,  or  marine. 

Sec.  4813.  Whenever  any  Navy  officer,  seaman,  or  marine,  entitled 
to  a  pension,  is  admitted  to  a  Navy  hospital,  the  pension,  during  his 
continuance  in  the  hospital,  shall  be  paid  to  the  Secretary  of  the  Navy 
aud  deducted  from  the  account  of  such  pensioner. 


Chap.  156. — Au  act  to  promote  econoniy  and  efficiency  in  the  marine-hospital  service. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  Aynerica  in  Congress  assembled,  That  the  Secretary  of  the  Treas- 
ury shall  cause  to  be  prepared  a  schedule  of  the  average  number  of  sea- 
men required  in  the  safe  and  ordinary  navigation  of  registered,  enrolled, 
and  licensed  vessels  of  the  United  States,  basing  such  schedule  upon 
the  differences  in  ng,  tonnage,  and  kind  of  traffic.  And  from  and  after 
the  completion  and  publication  of  said  schedule,  hospital-dues,  at  the 
rate  and  for  the  periods  prescribed  in  sections  four  thousand  five 
hundred  and  eighty-five  and  four  thousand  five  hundred  and  eighty- 
seven  of  the  Revised  Statutes  of  the  United  States,  shall  be  assessed 
and  collected,  from  the  master  or  owner  of  each  vessel  subject  to  such 
dues,  upon  the  average  number  of  seamen  as  set  forth  in  said  schedule: 
Providtd,  That  nothing  herein  contained  shall  be  held  to  debar  masters 
or  owners  of  vessels  from  deducting  such  dues  from  each  seaman's 
wages,  as  by  law  now  authorized. 

Sec.  2.  That  from  and  after  May  first,  eighteen  hundred  and  seventy- 
five,  every  vessel  subject  to  hospital-tax,  except  vessels  required  by  law 
to  carry  crew-lists,  shall  have  and  keep  on  board,  subject  to  inspection 
aud  verification  at  all  times  by  any  officer  of  the  customs,  a  seaman's 
time-book,  which  shall  be  furnished  by  the  Treasury  Department;  and 
in  which  time-book  shall  be  entered  the  name,  date  of  shipment,  aud 
date  of  discharge  of  every  seaman  employed  on  board  such  vessel ;  and 
the  master  or  owner  of  any  vessel  subject  to  hospital-tax,  vessels  carry- 
ing crew-lists  as  above  excepted,  shall  forfeit  and  pay  the  sum  of  fifty 
dollars  for  each  and  every  seaman  found  employed  on  board  his  vessel 
without  a  corresponding'eutry  in  said  tiniebook ;  and  the  sums  so  for- 
feited shall  be  collected  by  the  collector  of  customs  upon  the  sworn 
statement  of  the  customs  officers  who  make  the  inspections,  and  shall 
be  paid  into  the  Treasury  to  the  credit  of  the  marine-hospital  fund,  tor 
the  general  purposes  of  which  fund  said  sums  are  hereby  appropnateti. 
Sec.  3.  That  term  "seaman,"  wherever  employed  in  legislation  relat- 
ing to  the  marine-hospital  service,  shall  be  held  to  include  any  person 
employed  on  board  in  the  care,  preservation,  or  navigation  of  auy  ves- 


1G8  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

sel,  or  ill  the  service,  ou  board,  of  tliose  engaged  in  such  care,  preserva- 
tion, or  navigation. 

Sec.  4.  That  the  Secretary  of  the  Treasury  may  rent  or  lease  such 
marine-hospital  buildings,  and  the  lands  appertaining  thereto,  as  he  may 
deem  advisable  in  the  interests  of  the  marine-hospital  service ;  and  the 
proceeds  of  such  rents  or  leases  are  hereby  appropriated  for  the  said 
service. 

Sec.  5.  That  insane  patients  of  said  service  shall  be  admitted  into 
the  Government  Hospital  for  the  Insane  upon  the  order  of  the  Secre- 
tary of  the  Treasury,  and  shall  be  cared  for  therein  until  cured  or  until 
removed  by  the  same  authority;  and  the  charge  for  each  such  patient 
shall  not  exceed  four  dollars  and  fifty  cents  a  week,  which  charge  shall 
be  paid  out  of  the  marine-hospital  fund. 

Sec.  6.  That  sick  and  disabled  seamen  of  foreign  vessels  and  of  ves- 
sels not  subject  to  hospital-dues  may  be  cared  for  by  the  marine-hospital 
service  at  such  rates  and  under  such  regulations  as  the  Secretary  of  the 
Treasury  may  prescribe. 

Sec.  7.  That  the  compensation  of  the  Supervising  Surgeon  of  the 
United  States  marine-hospital  service  shall  be  paid  out  of  the  marine- 
hospital  fund,  and  the  salary  of  the  supervising  surgeon  shall  be  four 
thousand  dollars  a  year. 

Sec.  8.  That  all  acts  and  parts  of  acts  inconsistent  with  this  act  are 
hereby  repealed. 

Approved,  March  3,  1875. 


Chap.  77. — An  act  to  provide  for  the  coustruction  of  a  marine  hospital  iu  the  city  ot 
Memphis,  Tenuessee. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Surgeon-General  of 
the  Marine  Hospital  Service  be,  and  he  is  hereby,  authorized  and  em- 
powered to  i)rocure  a  proper  site  iu  or  near  the  city  of  Memphis,  Ten- 
nessee, and  cause  to  be  erected  thereon  a  building  suitable  for  a  marine 
hospital,  after  plans  and  specifications  which  shall  be  furnished  under 
his  direction  by  the  Supervising  Architect  of  the  Treasury  Department. 

Sec.  2.  That  the  sum  of  thirty  thousand  dollars,  or  so  much  thereof 
as  may  be  necessary  be,  and  the  same  is  hereby,  appropriated  out  of 
any  money  now  in  the  Treasury  not  otherwise  appropriated,  to  be  ex- 
pended by  the  Secretary  of  the  Treasury,  in  the  purchase  of  said  site, 
and  the  erecti(m  of  the  aforesaid  building  thereon;  and  the  cost  of  the 
site  and  the  erection  of  the  building  shall  in  no  event  exceed  the  sum 
hereby  appropriated. 

Approved,  May  3,  1880. 


Chap.  "28.— An  act  to  amend  an  act  entitled  "An  act  to  provide  for  the  construction 
of  a  marine  hospital  iu  the  city  of  Memphis,  Tennessee." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  act  entitled  "An  act 
to  provide  for  the  construction  of  a  marine  hospital  in  the  city  of  Mem- 
phis, Tennessee,"  approved  May  third,  eighteen  hundred  and  eighty, 
be,  and  the  same  is  hereby,  amended  by  inserting  after  the  word  "pur- 
chase," iu  the  second  section  of  said  act,  the  words  "at  voluntary  sale 
or  by  condemnation,"  so  that  said  act  will  read : 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       169 

"That  the  Surgeon-General  of  the  Marine  Hospital  Service  be,  and 
he  is  hereby  authorized  and  empowered  to  procure  a  proper  site  in  or 
near  the  city  of  Memphis,  Tennessee,  and  cause  to  be  erected  thereon  a 
building-  suitable  for  a  marine  hospital,  after  plans  and  specifications 
which  shall  be  furnished  under  his  direction  by  the  Supervising  Archi- 
tect of  the  Treasury  Department. 

"  Sec.  2.  That  the  sum  of  thirty  thousand  dollars,  or  so  much  there- 
of as  may  be  necessary,  be,  and  the  same  is  hereby,  api)ropriated,  out 
of  any  mouey  now  in  the  Treasury  not  otherwise  appropriated,  to  be  ex- 
pended by  the  Secretary  of  the  Treasury  in  the  purchase,  at  voluntary 
sale  or  by  condemnation,  of  said  site,  and  the  erection  of  the  aforesaid 
building  thereon  ;  and  the  cost  of  the  site  and  the  erection  of  the  build- 
ing shall  in  no  event  exceed  the  sum  hereby  appropriated." 

Approved,  March  9,  1882. 


seamen's   hospital   TAX  ABOLISHED. 

Sec.  15.  Sections  forty-five  hundred  and  eighty-five,  forty-five  hun- 
dred and  eighty-six,  and  forty-five  hundred  and  eighty-seven  of  the 
Eevised  Statutes,  and  all  other  acts  and  parts  of  acts  providing  for  the 
assessment  and  collection  of  a  hospital  tax  for  seamen,  are  hereby,  re- 
pealed, and  the  expense  of  maintaining  the  Marine  Hospital  Service 
shall  hereafter  be  borne  by  the  United  States  out  of  the  receipts  for 
duties  on  tonnage  provided  for  by  this  act ;  and  so  much  thereof  as 
may  be  necessary,  is  hereby  appropriated  for  that  purpose.  (Act  of 
June  26,  1884.) 


PART  VIII. 


1.  Merchant  seamen  and  theix{  shipment  and  discharge. 

2.  Log-books. 


1.— *MERCHANT  SEAMEN  AND  THEIR  SHIPMENT  AND  DISCHARGE. 

(Revised  Stalutes,  Title  LIU,  chap.  1.) 

Sec.  4501.  The  several  circuit  courts  within  the  jurisdiction  of  which 
there  is  a  port  of  entry  which  is  also  a  port  of  ocean  navigation,  shall 
appoint  a  commissioner  for  each  such  port  which  in  their  judgment 
may  require  the  same,  such  commissioners  to  be  termed  shipping-com- 
missioners ;  and  may,  from  time  to  time,  remove  from  ofiBce  any  com- 
missioner whom  the  court  may  have  reason  to  believe  does  not  properly 
perform  his  duties,  and  shall  then  provide  for  the  proper  performance 
of  his  duties  until  another  person  is  duly  appointed  in  his  place.  Such 
courts  shall  regulate  the  mode  of  conducting  business  in  the  shipping- 
offices  to  be  established  by  the  shipping-commissioners  as  hereinafter 
provided  ;  and  shall  have  full  and  complete  control  over  the  same,  sub- 
ject to  the  provisions  herein  contained. 

Sec.  4502.  Every  ship])ing-commissioner  so  appointed  shall  give  bond 
to  the  United  States,  conditioned  for  the  faithful  performance  of  the 
duties  of  his  office,  for  a  sum,  in  the  discretion  of  the  circuit  judge,  of 
not  less  than  five  thousand  dollars,  with  two  good  and  sufficient  sure- 
ties therefor,  to  be  approved  by  such  judge ;  and  shall  take  and  sub- 
scribe the  following  oath  before  entering  upon  the  duties  of  his  office : 
"1  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will  support 
the  Constitution  of  the  United  States,  and  that  I  will  truly  and  faitli- 
fullv  discharge  the  duties  of  a  shipping-commissioner  to  the  best  of  my 
ability,  and  according  to  law."  Such  oath  shall  be  indorsed  on  the 
commission  or  certificate  of  appointment,  and  signed  by  him,  and  cer- 
tified by  the  officer  before  whom  such  oath  sliall  have  been  taken. 

Sec.  4503.  In  any  port  in  which  no  shipping-commissioner  shall  have 
been  appointed,  the  whole  or  any  part  of  the  business  of  a  shipping- 
commissioner  shall  be  conducted  by  the  collector  or  deputy  collector  of 
customs  of  such  port ;  and  in  respect  of  such  business  such  custom-house 
shall  be  deemed  a  shipping-office,  and  the  collector  or  deputy  collector 


•  Mariners  (seameu)  may  be  said  to  be  citizens  of  the  world,  and  it  is  usual  for  them 
of  all  countries  to  servo  on  board  any  merchant  ship  that  will  take  them  into  pay. 
They  may  serve  on  board  any  merchant  ves-sel  enj^aged  in  contraband  trade  without 
incurring  liability  to  prosecution  or  punishment  for  so  doing.— (0/;»«if>H  of  AtVy-Gen., 
1796.)  ^   , 

The  master  of  a  vessel  is  a  "mariner"  within  the  meaning  of  sections  3  and  4  of  the 
act  of  Feb.  26,  ItiO'-i.— {Opinion  AtVy-Gen.,  ApL,  1866.) 

He  is  entitled,  if  a  citizen  of  the  U.  S.,  to  additional  wages  on  being  di.scharged  m 
a  foreign  port,  as  in  the  case  of  a  like  discharge  of  any  other  seaman  or  mariner. — 


172       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

of  customs  to  wliom  such  business  shall  be  committed,  shall,  for  all  pur- 
poses, be  deemed  a  shipping-corn missiouer  within  the  meaning  of  this 
Title. 

Sec.  4504.  Any  person  other  than  a  commissioner  under  this  Title, 
who  shall  perform  or  attempt  to  perform,  either  directly  or  indirectly, 
the  duties  which  are  by  this  Title  set  forth  as  j)ertnining-  to  ashipynng- 
commissioner,  shall  be  liable  to  a  penalty  of  not  more  than  five  hundred 
dollars.  Nothing  in  this  Title,  however,  shall  prevent  the  owner,  or 
consignee,  or  master  of  any  vessel  except  vessels  bound  from  a  port  in 
the  United  States  to  any  foreign  port,  other  than  vessels  engaged  in 
trade  between  the  United  States  and  the  British  North  American  pos- 
sessions, or  the  West  India  Islands,  or  the  republic  of  Mexico,  and  ves- 
sels of  the  burden  of  seventy-five  tons  or  upward  bound  from  a  port  on 
the  Atlantic  to  a  port  on  the  Pacific,  or  vice  versa,  from  performing, 
himself,  so  far  as  his  vessel  is  concerned,  the  duties  of  shipping-commis- 
sioner under  this  Title.  Whenever  the  master  of  any  vessel  shall  engage 
his  crew,  or  any  part  of  the  same,  in  any  collection-district  where  no 
shipping-commissioner  shall  have  been  appointed,  he  may  perform  for 
himself  -the  duties  of  such  commissioner. 

Sec.  4505.  Any  shipping  commissioner  may  engage  clerks  to  assist 
him  in  the  transaction  of  the  business  of  the  shipping-oftice,  at  his  own 
proper  cost,  and  may,  in  case  of  necessity,  depute  such  clerks  to  act  for 
him  in  his  official  capacity ;  but  the  s-hipping-commissioner  shall  be  held 
responsible  for  the  acts  of  every  such  clerk  or  deputy,  and  will  be  per- 
sonally liable  for  any  penalties  such  clerk  or  deputy  may  incur  by  the 
violation  of  any  of  the  provisions  of  this  Title;  and  all  acts  done  by  a 
clerk,  as  such  deputy,  shall  be  as  valid  and  binding  as  if  done  by  the 
shipping-commissioner. 

Sec.  4506.  Each  shipping-commissioner  shall  provide  a  seal  with 
which  he  shall  authenticate  all  his  official  acts,  on  which  seal  shall  be 
engraved  the  arms  of  the  United  States,  and  the  name  of  the  port  or 
district  for  which  he  is  commissioned.  Any  instrument,  either  printed 
or  written,  purporting  to  be  the  official  act  of  a  shipping-commissioner, 
and  purporting  to  be  under  the  seal  and  signature  of  such  shipping- 
commissioner,  shall  be  received  as  presumptive  evidence  of  the  official 
character  of  such  instrument,  and  of  the  truth  of  the  facts  therein  set 
forth. 

Sec.  4507.  Every  shipping-commissioner  shall  leavse,  rent,  or  procure, 
at  his  own  cost,  suitable  premises  for  the  transaction  of  business,  and 
for  the  preservation  of  the  books  and  other  documents  connected  there- 
with ;  and  these  premises  shall  be  styled  the  shipping-commissioner's 
office. 

Sec.  4508.  The  general  duties  of  a  shipping-commissioner  shall  be: 

First.  To  afford  facilities  for  engaging  seamen  by  keeping  a  register 
of  their  names  and  characters. 

Second.  To  superintend  their  engagement  and  discharge,  in  manner 
prescribed  by  law. 

Third.  To  provide  means  for  securing  the  presence  on  board  at  the 
proper  times  of  men  who  are  so  engaged. 

Fourth.  To  facilitate  the  making  of  apprenticeships  to  the  sea  serv- 
ice. 

Fifth.  To  perform  such  other  duties  relating  to  merchant  seamen  or 
merchant  ships  as  are  now  or  may  hereafter  be  required  by  law. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  173 

SHIPiVIENT. 

(Revised  Statutes,  chap.  2.) 

Sec.  •loOO.  Every  shinpiug-coinmissioner  appointed  under  this  Title 
shall,  if  applied  to' for  the  purpose  of  apprenticing  boys  to  the  sea-serv- 
ice, by  any  master  or  owner  of  a  vessel,  or  by  any  person  legally  quali- 
fied, give  kuch  assistance  as  is  in  his  power  for  fticilitating  the  making 
of  such  apprenticeships;  but  the  shipping-commissioner  shall  ascertain 
that  the  Itoy  has  voluntarily  consented  to  be  bound,  and  that  the  parents 
or  guardian  of  such  boy  have  consented  to  such  apprenticeship,  and 
that  he  has  attained  the  age  of  twelve  years,  and  is  of  sufficient  health 
and  strength,  and  that  the  master  to  whom  such  boy  is  to  be  bound  is 
a  proper  i)erson  for  the  purpose.  Buch  apprenticeship  shall  terminate 
wheu  the  apprentice  becomes  eighteen  years  of  age.  The  shipping- 
commissioner  shall  keep  a  register  of  all  indentures  of  apprenticeship 
made  before  him. 

Sec.  4510.  The  master  of  every  foreign-going  vessel  shall,  before  car- 
rying any  api)rentice  to  sea  from  any  place  in  the  United  States,  cause 
such  apprentice  to  appear  before  the  shipping-commissioner  before 
whom  the  crew  is  engaged,  and  shall  produce  to  him  the  indenture  by 
which  such  apprentice  is  bound,  and  the  assignment  or  assignments 
thereof,  if  any ;  and  the  name  of  the  apprentice,  with  the  date  of  the 
indenture  and  of  the  assignment  or  assignments  thereof,  if  any,  shall 
be  entered  on  the  agreement;  which  shall  be  in  the  form[,]  as  near  as 
may  be[,J  given  in  the  table  marked  "A"  in  the  schedule  annexed  to 
this  Title;  and  no  such  assignment  shall  be  made  without  the  approval 
of  a  commissioner,  of  the  apprentice,  and  of  his  parents  or  his  guardian. 
For  any  violation  of  this  section,  the  master  shall  be  liable  to  a  penalty 
of  not  more  than  one  hundred  dollars. 

Sec.  4511.  The  master  of  every  vessel  bound  from  a  port  in  the  United 
States  to  any  foreign  port  other  than  vessels  engaged  in  trade  between 
the  United  States  and  the  British  North  American  possessions,  or  the 
West  India  Islands,  or  the  republic  of  Mexico,  or  of  any  vessel  of  the 
burden  of  seventy-five  tons  or  upward,  bound  from  a  port  on  the  Atlan- 
tic to  a  port  on  the  Pacific,  or  vice  versa,  shall,  before  he  proceeds  on 
such  voyage,  make  an  agreement,  in  writing  or  in  print,  with  every  sea- 
man whom  he  carries  to  sea  as  one  of  the  crew,  in  the  maimer  hereinafter 
mentioned ;  and  every  such  agreement  shall  be,  as  near  as  may  be,  in 
the  form  given  in  the  table  marked  A,  in  the  schedule  annexed  to  this 
Title,  and  shall  be  dated  at  the  time  of  the  first  signature  thereof,  and 
shall  be  signed  by  the  master  before  any  seamen  signs  the  same,  and 
shall  contain  the  following  particulars : 

First.  The  nature  and,  as  far  as  practicable,  the  duration  of  the  in- 
tended voyage  or  engagement,  and  the  port  or  country  at  which  the 
voyage  is  to  terminate. 

Second.  The  number  and  description  of  the  crew,  specifying  their  re- 
spective employments. 

Third.  The  time  at  which  each  seaman  is  to  be  on  board,  to  begin 
work. 

Fourth.  The  capacity  in  which  each  seaman  is  to  serve. 

Fifth.  The  amount  of  wages  which  each  seaman  is  to  receive. 

Sixth.  A  scale  of  the  provisions  which  are  to  be  furnished  to  each 
seaman. 

Seventh.  Any  regulations  as  to  conduct  on  board,  and  as  to  fines, 
short  allowance  of  provisions,  or  other  lawful  punishments  for  miscon- 


174       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

duct,  which  may  be  sanctioned  by  Confjress  as  proper  to  be  adopted, 
and  which  the;  parties  a^ree  to  adopt. 

Eighth.  Any  stipuhitions  in  reference  to  advance  and  allotment  of 
waj^es,  or  other  matters  not  contrary  to  law. 

Sec.  4512.  The  following  rules  shall  be  observed  with  respect  to 
agreements: 

First.  Every  agreement  except  such  as  are  otherwise  specially  pro- 
vided for,  shall  be  signed  by  each  seaman  in  the  presence  of  a  shipping- 
commissioner. 

Second.  When  the  crew  is  first  engaged  the  agreement  shall  be  signed 
in  duplicate,  and  one  part  shall  be  retained  by  the  shipping- commis- 
sioner, and  the  other  part  shall  contain  a  special  place  or  form  for  the 
description  and  signatures  of  persons  engaged  subsequently  to  the  first 
departure  of  the  ship,  and  shall  be  delivered  to  the  master. 

Third.  Every  agreement  entered  into  before  a  shipping-commissioner 
shall  be  acknowledged  and  certified  under  the  hand  and  official  seal  of 
such  commissioner.  The  certificate  of  acknowledgment  shall  be  in- 
dorsed on  or  annexed  to  the  agreement;  and  shall  be  in  the  following 
form : 
"State  of ,  County  of : 

"On   this day  of ,  personally   appeared   before  me,  a 

shipping-commissioner  in  and  for  the  said  county,  A.  B,,  C.  D.,  and  E. 
F.,  severally  known  to  me  to  be  the  same  persons  who  executed  the 
foregoing  instrument,  who  each  for  himself  acknowledged  to  me  that  he 
had  read  or  had  heard  read  the  same ;  that  he  was  by  me  made  ac- 
quainted with  the  conditions  thereof,  and  understood  the  same;  and 
that,  while  sober  and  not  in  a  state  of  intoxication,  he  signed  it  freely 
and  voluntarily,  for  the  uses  and  purposes  therein  mentioned." 

Sec.  4513.  The  preceding  section  shall  not  apply  to  masters  of  vessels 
where  the  seamen  are  by  custom  or  agreement  entitled  to  participate 
in  the  profits  or  result  of  a  cruise  or  voyage,  nor  to  masters  of  coastwise 
nor  to  masters  of  lake-going  vessels  that  touch  at  foreign  ports;  but 
seamen  may,  by  agreement,  serve  on  board  such  vessels  a  definite  time, 
or,  on  the  return  of  any  vessel  to  a  port  in  the  United  States,  may  re- 
ship  and  sail  in  the  same  vessel  on  another  voyage,  without  the  pay- 
ment of  additional  fees  to  the  shipping-commissioner,  bj'  either  the 
seamen  or  the  master. 

Sec.  4514.  If  any  person  shall  be  carried  to  sea,  as  one  of  the  crew  on 
board  of  any  vessel  making  a  voyage  as  hereinbefore  specified,  without 
entering  into  an  agreement  with  the  master  of  such  vessel,  in  the  form 
and  manner,  and  at  the  place  and  times  in  such  cases  required,  the  ves- 
sel shall  be  held  liable  for  each  such  offense  to  a  penalty  of  not  more 
than  two  hundred  dollars.  But  the  vessel  shall  not  be  held  liable  for 
any  person  carried  to  sea,  who  shall  have  secretly  stowed  away  himself 
without  the  knowledge  of  the  master,  mate,  or  of  any  of  the  officers  of 
the  vessel,  or  who  shall  have  falsely  personated  himself  to  the  master, 
mate,  or  officers  of  the  vessel,  for  the  purpose  of  being  carried  to  sea. 

Sec.  4515.  If  any  master,  mate,  or  other  officer  of  a  vessel  knowingly 
receives,  or  accepts,  to  be  entered  on  board  of  any  merchant- vessel,  any 
seaman  who  has  been  engaged  or  supplied  contrary-  to  the  provisions 
of  this  Title,  the  vessel  on  board  of  which  such  seaman  shall  be  found 
sliall,  for  every  such  seaman,  be  liable  to  a  penalty  of  not  more  than 
two  hundred  dollars. 

Sec.  4516.  In  case  of  desertion,  or  of  casualty  resulting  in  the  loss 
of  one  or  more  seamen,  the  master  may  ship  a  number  equal  to  the 
number  of  whose  services  he  has  been  deprived  by  desertion  or  casualty, 


I 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       175 

and  report  the  same  to  the  United  States  consul  at  the  first  i)ort  at 
which  he  shall  arrive,  without  incurring  the  penalty  prescribed  by  the 
two  preceding  sections. 

Sec.  4517.  Every  master  of  a  merchant-vessel  who  engages  any  sea- 
man at  a  place  out  of  the  United  States,  in  which  there  is  a  consular 
officer  or  commercial  agent,  shall,  before  carrying  such  seaman  to  sea, 
procure  the  sanction  of  such  ofiicer,  and  shall  engage  seamen  in  his 
presence;  and  the  rules  governing  the  engagement  of  seamen  before  a 
shipping-commissioner  in  the  United  States,  shall  apply  to  such  engage- 
ments made  before  a  consular  ofiicer  or  commercial  agent;  and  upou 
every  such  engagement  the  consular  ofiicer  or  commercial  agent  shall 
indorse  upon  the  agreement  his  sanction  thereof,  and  an  attestation  to 
the  ettect  that  the  same  has  been  signed  in  his  presence,  and  otherwise 
duly  made. 

Sec.  4518.  Every  master  who  engages  any  seaman  in  any  place  in 
which  there  is  a  consular  officer  or  commercial  agent,  otherwise  than  as 
required  by  the  preceding  section,  shall  incur  a  penalty  of  not  more 
than  one  hundred  dollars,  for  which  penalty  the  vessel  shall  be  held 
liable. 

Sec.  4519.  The  master  shall,  at  the  commencement  of  every  voyage 
or  engagement,  cause  a  legible  copy  of  the  agreement,  omitting  signa- 
tures, to  be  placed  or  posted  up  in  such  part  of  the  vessel  as  to  be  ac- 
cessible to  the  crew ;  and  on  default  shall  be  liable  to  a  penalty  of  not 
more  than  one  hundred  dollars. 

Sec.  4520.  Every  master  of  any  vessel  of  the  burden  of  fifty  tons  or 
upward,  bound  from  a  port  in  one  State  to  a  port  in  any  other  than 
an  adjoining  State,  except  vessels  of  the  burden  of  seventy-five  tons  or 
upward,  bound  from  a  port  on  the  Atlantic  to  a  port  on  the  Pacific,  or 
vice  versa,  shall,  before  he  proceeds  on  such  voyage,  make  an  agree- 
ment in  writing  or  in  print,  with  every  seaman  on  board  such  vessel 
except  such  as  shall  be  apprentice  or  servant  to  himself  or  owners,  de- 
claring the  voyage  or  term  of  time  for  which  such  seaman  shall  be 
shipped. 

Sec.  4521.  If  any  master  of  such  vessel  of  the  burden  of  fifty  tons  or 
upward  shall  carry  out  any  seaman  or  mariner,  except  apprentices  or 
servants,  without  such  contract  or  agreement  being  first  made  and 
signed  by  the  seamen,  such  master  shall  pay  to  every  such  seaman  the 
highest  price  or  wages  which  shall  have  been  given  at  the  port  or  place 
where  such  seaman  was  shipped,  for  a  similar  voyage,  within  three 
months  next  before  the  time  of  such  shipping,  if  such  seaman  shall 
perform  such  voyage;  or  if  not,  then  ft  r  such  time  as  he  shall  continue 
to  do  duty  on  board  such  vessel;  and  shall  moreover  be  liable  to  a  pen- 
alty of  twenty  dollars  for  every  such  seaman,  recoverable,  one-half  to 
the  use  of  the  person  prosecuting  for  the  same,  and  the  other  lialf  to 
the  use  of  the  United  States.  Any  seaman  who  has  not  signed  such  a 
contract  shall  not  be  bound  by  the  regulations  nor  subject  to  the  pen- 
alties and  forfeitures  contained  in  this  Title. 

Sec.  4522.  At  the  foot  of  every  such  contract  to  ship  upou  such  a 
vessel  of  the  burden  of  fifty  tons  or  upward,  there  shall  be  a  memo- 
randum in  writing  of  the  day  and  the  hour  on  which  the  seamen  who 
ship  and  subscribe  shall  render  themselves  on  board  to  begin  the  voy- 
age agreed  upon.  If  any  such  seaman  shall  neglect  to  render  himself 
on  board  the  vessel,  for  which  he  has  shipped,  at  the  time  mentioned 
in  such  memorandum,  and  if  the  master  of  the  vessel  shall,  on  the  day 
on  which  such  neglect  happened,  make  an  entry  in  the  log-book  of 
such  vessel,  of  the  name  of  such  seaman,  and  shall  in  like  manner  not« 


176       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

the  time  tbat  lie  so  uegleeted  to  render  himself,  after  the  time  appointed, 
every  such  seaman  shall  forfeit  for  every  hour  which  he  shall  so  neglect 
to  render  himself,  one  day's  pay,  according-  to  the  rate  of  wages  agreed 
upon,  to  be  deducted  out  of  his  wages.  If  any  such  seaman  shall 
wholly  neglect  to  render  himself  on  board  of  such  vessel,  or  having 
rendered  himself  on  board,  shall  afterward  desert  and  escape,  so  that 
the  vessel  proceed  to  sea  without  him,  he  shall  be  liable  to  pay  to  the 
master,  owner,  or  consignee  of  the  vessel,  a  sum  equal  to  that  paid  to 
him  by  advance  at  the  time  of  signing  the  contract,  over  and  besides 
the  sum  so  advanced,  both  which  sums  shall  be  recoverable  in  any 
court,  or  before  any  justice  of  anv  State,  city,  town,  or  county  within 
the  United  States,  which,  by  the  laws  thereof,  have  cognizance  of  debts 
of  equal  value,  against  such  seamau  or  mariner,  or  his  surety  or  sureties, 
in  case  he  shall  have  given  surety  to  proceed  (on)  the  voyage. 

Sec.  4523.  All  shipments  of  seamen  made  contrary  to  the  provisions 
of  any  act  of  Congress  shall  be  void  ;  and  any  seaman  so  shipped  may 
leave  the  service  at  any  time,  and  shall  be  entitled  to  recover  the  high- 
est rate  of  wages  of  the  port  from  which  the  seaman  was  shipped,  or  the 
sum  agreed  to  be  given  him  at  his  shipment. 


WAGES  AND   EFFECTS. 
(Revised  Statutes,  chap.  3.) 

Sec.  4524.  A  seaman's  right  to  wages  and  provisions  shall  be  taken 
to  commence  either  at  the  time  at  which  he  commences  work,  or  at  the 
time  specified  in  the  agreement  for  his  commencement  of  work  or  pres- 
ence on  board,  whichever  first  happens. 

Sec.  4525.  iko  right  to  wages  shall  be  dependent  on  the  earning  of 
freight  by  the  vessel ;  but  every  seamau  or  apprentice  who  would  be 
entitled  to  demand  and  receive  any  wages  if  the  vessel  on  which  he  has 
served  had  earned  freight,  shall,  subject  to  all  other  rules  of  law  and 
conditions  applicable  to  the  case,  be  entitled  to  claim  and  recover  the 
same  of  the  master  or  owner  in  personam,  notwithstanding  that  freight 
has  not  been  earned.  But  in  all  cases  of  wreck  or  loss  of  vessel,  proof 
that  any  seaman  or  ajiprentice  has  not  exerted  himself  to  the  utmost  to 
save  the  vessel,  cargo,  and  stores,  shall  bar  his  claim. 

Sec.  4526.  In  cases  where  the  service  of  any  seaman  terminates  before 
the  period  contemplated  in  the  agreement,  by  reason  of  the  wreck  or 
loss  of  the  vessel,  such  seamau  shall  be  entitled  to  wages  for  the  time 
of  service  prior  to  such  termination,  but  not  for  any  further  period. 

Sec.  4527.  Any  seaman  who  has  signed  an  agreement  and  is  after- 
ward discharged  before  the  commencement  of  the  voyage  or  before  one 
month's  wages  are  earned,  without  fault  on  his  part  justifying  such  dis- 
charge, and  without  his  consent,  shall  be  entitled  to  receive  from  the 
master  or  owner,  in  addition  to  any  wages  he  may  have  earned,  a  sum 
equal  in  amount  to  one  month's  wages  as  compensation,  and  may,  on 
adducing  evidence  satisfactory  to  the  court  hearing  the  case,  of  having 
been  improperly  discharged,  recover  such  compensation  as  if  it  were 
wages  duly  earned. 

Sec.  4528.  Xo  seamau  or  apprentice  shall  be  entitled  to  wages  for 
any  period  during  which  he  unlawfully  refuses  or  neglects  to  work  when 
required,  after  the  time  fixed  by  the  agreement  for  him  to  begin  work, 
nor,  unless  the  court  hearing  the  case  otherwise  directs,  for  any  period 


NATIGATION    LAWS    OF    THE    UNITED    STATES.  177 

(luring  which  he  is  lawfully  imprisoned  for  any  offense  committed  by 
him. 

Sec.  '152'.).  The  uuister  or  owner  of  every  vessel  making  voyages  from 
a  port  on  the  Atlautie  to  a  port  on  the  Pacific,  or  vice  versa,  shall  pay 
to  every  seaman  his  wages,  within  two  days  after  the  ternnuation  of  the 
agreement,  or  at  the  time  such  seaman  is  dischaiged,  whichever  first 
happens;  and,  in  the  case  of  vessels  making  foreign  voyages,  within 
three  days  after  the  cargo  has  been  delivered,  or  within  five  days  after 
the  seainau's  discharge,  whichever  first  happens;  and  in  all  cases  the 
seaman  shall,  at  the  time  of  his  discharge,  be  entitled  to  be  paid,  on 
account,  a  sum  equal  to  oue  fourth  part  of  the  balance  due  to  him. 
Every  master  or  owner  who  neglects  or  refuses  to  maiie  payment  in 
manner  hereinbefore  mentioned,  without  sufficient  cause,  shall  pay  to 
the  seaman  a  sum  not  exceeding  the  amount  of  two  days'  pay  for  each 
of  the  days,  not  exceeding  ten  days,  during  which  payment  is  delayed 
beyond  the  respective  periods;  which  sum  sluill  be  recoverable  as 
wages  in  any  claim  made  before  the  court.  But  this  section  shall  not 
apply  to  the  masters  or  owners  of  any  vessel  the  seamen  on  which  are 
entitled  to  share  in  tlie  profits  of  the  cruise  or  voyage. 

Sec.  4530.  Every  seaman  shall  be  entitled  to  receive  from  the  master 
of  the  vessel  to  which  he  belongs,  one  third  part  of  the  wages  which 
shall  be  due  to  him  at  every  port  where  such  vessel  shall  unlade  aud 
deliver  her  cargo  before  the  voyage  is. ended,  unless  the  contrary  be 
exi)ressly  stipulated  in  the  contract;  and  as  soon  as  the  voyage  is  ended, 
aud  the  cargo  or  ballast  is  fully  discharged  at  the  last  port  of  delivery, 
he  shall  be  entitled  to  the  wages  which  shall  be  then  due. 

Sec.  4531.  All  stipulatious  for  the  allotment  of  any  part  of  the  wages 
of  a  seaman,  during  his  al)sence,  which  are  made  at  the  commencement 
of  the  voyage  shall  be  inserted  in  the  agreement,  and  shall  state  the 
amounts  and  times  of  the  payments  to  be  made,  and  the  persons  to 
whom  such  payments  are  to  be  made. 

Sec.  4532.  No  advance  of  wages  shall  be  made,  or  advance  security 
given  to  any  person,  but  to  the  seaman  himself,  or  to  his  wife  or  mother; 
aud  no  advance  of  wages  shall  be  made,  or  advauce  security  given,  un- 
less the  agreement  contains  a  stipulation  for  the  same,  and  an  accurate 
statement  of  the  amount  thereof;  and  no  advance  wages  or  advance 
security  shall  be  given  to  any  seaman,  except  in  the  presence  of  the 
shipping-commissioner. 

Sec.  4533.  If  any  advance  of  wages  is  made  or  advance  security  given 
to  any  seaman  in  any  such  manner  as  to  constitute  a  breach  of  any  of 
the  provisions  of  the  two  preceding  sections,  the  wages  of  such  seaman 
shall  be  recoverable  by  him,  as  if  no  such  advance  had  been  made  or 
promised  ;  and  in  the  case  of  any  advance  security  so  given,  no  person 
shall  be  sued  thereon,  unless  he  was  a  party  to  such  breach. 

Sec.  4534.  Whenever  any  advance  security  is  discounted  for  any  sea- 
man, such  seaman  shall  sign  or  set  his  mark  to  a  receii)t  indorsed  on  the 
security,  stating  the  sum  actually  paid  or  accounted  for  to  him  by  the 
person"discounting  the  same ;  aud  if  the  seauian  sails  in  the  vessel  from 
the  port  of  departure  mentioned  in  the  security,  and  is  then  duly  earning 
his  wages,  or  is  previously  discharged  with  the  consent  of  the  master, 
but  not  otherwise,  the  i)erson  discounting  the  security  may,  ten  days 
after  the  final  departure  of  the  vessel  from  the  port  of  departure  men- 
tioned in  the  security,  sue  for  aud  recover  the  amount  promised  by  the 
securitv,  with  costs,  either  from  the  owner  or  from  any  agent  who  has 
drawn  or  authorized  the  drawing  of  the  security  ;  aud  in  any  such  pro- 
ceeding It  shall  be  sufficient  for  such  person  to  prove  that  the  security 
H.  Mis.  391 12 


178       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

\ras  given  by  the  owner  or  master,  or  some  other  authorized  agent,  and 
that  the  same  was  discounted  to  and  receipted  by  the  seaman ;  and  the 
seaman  shall  be  presumed  to  have  sailed  in  the  vessel  from  such  port, 
and  to  be  duly  earning  his  wages,  unless  the  contrary  is  proved. 

Sec.  4535.  is^o  seaman  shall,  by  any  agreement  other  than  is  provided 
by  this  Title,  forfeit  his  lien  upon  the  ship,  or  b(^  dei)rived  of  any  rem- 
edy for  the  recovery  of  his  wages  to  which  he  would  otherwise  have  been 
entitled;  and  every  stipulation  in  any  agreement  inconsistent  with  any 
provision  of  this  Title,  and  every  stipulation  by  which  any  seaman  con- 
sents to  abandon  his  right  to  his  wages  in  the  case  of  the  loss  of  the 
ship,  or  to  abandon  any  right  which  he  may  have  or  obtain  in  the  nature 
of  salvage,  shall  be  wholly  inoperative. 

Sec.  4536.  No  wages  due  or  accruing  to  any  seaman  or  apprentice 
shall  be  subject  to  attachment  or  arrestment  from  any  court ;  and  every 
payment  of  wages  to  a  seaman  or  apprentice  shall  be  valid  in  law,  not- 
withstanding any  previous  sale  or  assignment  of  wages,  or  of  any  at- 
tachment, incumbrance,  or  arrestment  thereon ;  and  no  assignment  or 
sale  of  wages,  or  of  salvage,  made  prior  to  the  accruing  thereof,  shail 
bind  the  party  making  the  same,  except  such  advance  securities  as  are 
authorized  by  this  Title. 

Sec.  4537.  No  sum  exceeding  one  dollar  shall  be  recoverable  from 
any  seaman,  by  any  one  person,  for  any  debt  contracted  during  the  time 
such  seaman  shall  actually  belong  to  any  vessel,  until  the  voyage  for 
which  such  seaman  engaged  shall  be  ended. 

Sec.  4538.  Whenever  any  seaman  or  apprentice  belonging  to  or  sent 
home  on  any  merchant  vessel,  whether  a  foreign-going  or  domestic  ves- 
sel, employed  on  a  voyage  which  is  to  terminate  in  the  United  States,  dies 
during  such  voyage,  the  master  shail  take  charge  of  all  moneys,  clothes, 
and  effects  which  he  leaves  on  board,  and  shall,  if  he  thinks  fit,  cause 
all  or  any  of  such  clothes  and  effects  to  be  sold  by  auction  at  the  mast 
or  other  public  auction,  and  shall  thereupon  sign  an  entry  in  the  official 
log-book,  and  cause  it  to  be  attested  by  the  mate  and  one  of  the  crew, 
containing  the  following  ])articulars: 

First.  A  statement  of  the  amount  of  money  so  left  by  the  deceased. 

Second.  In  case  of  a  sale,  a  description  of  each  article  sold,  and  the 
sum  received  for  each. 

Third.  A  statement  of  the  sum  due  to  deceased  as  wages,  and  the  to- 
tal amount  of  deductions,  if  any,  to  be  made  therefrom. 

Sec.  4539.  In  cases  embraced  by  the  preceding  section,  the  following 
rules  shall  be  observed: 

First.  If  the  vessel  proceeds  at  once  to  any  port  in  the  Cnited  States, 
the  master  shall,  within  forty  eight  hours  after  his  arrival,  deliver  any 
such  effects  remaining  unsold,  and  pay  any  money  which  he  has  taken 
charge  of,  or  received  from  such  sale,  and  the  balance  of  wages  due  to 
the  deceased,  to  the  shipping  commissioner  at  the  port  of  destination  in 
the  United  States. 

Second.  If  the  vessel  touches  and  remains  at  some  foreign  port  before 
coming  to  any  port  in  the  United  States,  the  master  shall  report  the  case 
to  the  United  States  consular  officer  there,  and  shall  give  to  such  offi- 
cer any  information  he  requires  as  to  the  destination  of  the  vessel  and 
probable  length  of  the  voyage;  and  such  officer  may,  if  he  considers  it 
expedient  so  to  do,  require  the  effects,  money,  and  wages  to  be  deliv- 
ered and  paid  to  him,  and  shall,  upon  such  delivery  and  payment,  give 
to  the  master  a  receipt ;  and  the  master  shall  within  forty-eight  hours 
after  his  arrival  at  his  port  of  destination  in  the  United  States  produce 
the  same  to  the  shipping-commissioner  there.     Such  consularofficer  shall, 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  179 

iu  auy  such  case,  indorse  and  certify  upon  the  agreement  with  the  crew 
the  particnhirs  with  respect  to  such  delivery  and  payment. 

Third.  It  the  consuhir  officer  does  not  require  such  payment  and  de- 
livery to  be  made  to  him,  the  master  shall  take  charge  of  the  effects, 
money,  and  wages,  and  shall,  within  forty-eight  hours  after  his  arrival 
at  his  port  of  destination  in  the  United  States,  deliver  and  pay  the  same 
to  the  shipping-commissioner  there. 

Fourth.  The  master  shall,  in  all  cases  in  which  any  seaman  or  appren- 
tice dies  during  the  voyage  or  engagement,  give  to  such  officer  or  ship- 
ping-commissioner an  account,  in  such  form  as  they  may  respectively 
require,  of  the  effects,  money,  and  wages  so  to  be  delivered  and  i)aid; 
and  no  deductions  claimed  in  such  account  shall  be  allowed  unless  ver- 
itied  by  an  entry  iu  the  official  log-book,  if  there  be  any;  and  by  such 
other  vouchers,  if  any,  as  may  be  reasonably  required  by  the  officer  or 
shipping-commissioner  to  whom  the  account  is  rendered. 

Fifth.  Upon  due  compliance  with  such  of  the  provisions  of  this  sec- 
tion as  relate  to  acts  to  be  done  at  the  port  of  destination  in  the  United 
States,  the  shipping-commissioner  shall  grant  to  the  master  a  certificate 
to  that  effect.  No  officer  of  customs  shall  clear  any  foreign-going  vessel 
without  the  production  of  such  certificate. 

Sec.  4540.  Whenever  any  master  fails  to  take  such  charge  of  the 
money  or  other  effects  of  a  seaman  or  apprentice  during  a  voyage,  or  to 
make  such  entries  in  respect  thereof,  or  to  procure  such  attestation  to 
such  entries,  or  to  make  such  payment  or  delivery  of  any  money,  wages, 
or  effects  of  any  seaman  or  apprentice  dying  during  a  voyage,  or  to  give 
such  account  in  respect  thereof  as  is  above  directed,  he  shall  be  account- 
able for  the  money,  wages,  and  effects  of  the  seaman  or  apprentice  to 
the  circuit  court  in  whose  jurisdiction  such  port  of  destination  is  sit- 
uate, and  shall  pay  and  deliver  the  same  accordingly;  and  he  shall, 
in  addition,  for  every  such  offense,  be  liable  to  a  penalty  of  not  more 
than  treble  the  value  of  the  money  or  effects,  or,  if  such  value  is  not  as- 
certained, not  more  than  two  hundred  dollars  ;  and  if  any  such  money, 
wages,  or  effects  are  not  duly  paid,  delivered,  and  accounted  for  by  the 
master,  the  owner  of  the  vessel  shall  pay,  deliver,  and  account  for  the 
same,  and  such  money  and  wages  and  the  value  of  such  effects  shall  be 
recoverable  from  him  accordingly;  and  if  he  fails  to  account  for  and 
pay  the  same,  he  shall,  in  addition  to  his  liability  for  the  money  and 
value,  be  liable  to  the  same  penalty  which  is  incurred  by  the  master  for 
a  like  offense  ;  and  all  money,  wages,  and  effects  of  any  seaman  or  ap- 
prentice dying  during  a  voyage  shall  be  recoverable  in  the  courts  and 
by  the  modes  of  proceeding  by  which  seamen  are  enabled  to  recover 
wages  due  to  them. 

Sec.  4541.  Whenever  any  such   seaman  or  apprentice  dies  at  auy 
place  out  of  the  United  States,  leaving  any  money  or  effects  not  on 
board  of  his  vessel,  the  consular  officer  of  the  United  States  at  or  near- 
est the  place  shall  claim  and  take  charge  of  such  money  and  effects, 
and  shall,  if  bethinks  tit,  sell  all  or  any  of  such  effects,  or  any  effects  of 
any  deceased  seaman  or  api)rentice  delivered  to  him  under  the  jtrovis- 
ions  of  this  Title,  and  shall  quarterly  remit  to  the  district  judge  for  the 
Jt     district  embracing  the  port  from  which  such  vessel  sailed,  or  the  port 
B     where  the  voyage  terminates,  all  moneys  belonging  to  or  arising  from 
H'    the  sale  of  the  effects  or  paid  as  the  wages  of  auy  deceased  seamen  or 
^^    apprentices  which  have  come  to  his  hands;  and  shall  render  such  ac- 
^m    counts  thereof  as  the  district  judge  requires. 
^K       Sec.  4542.  Whenever  any  seaman  or  apprentice  dies  in  the  United 


180       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

ter  or  owner  of  auy  vessel  iu  which  he  has  served,  any  unpaid  wages  or 
eftects,  sucli  master  or  owner  shall  pay  and  deliver,  or  account  for  the 
same,  to  the  shipping  commissioner  at  the  port  where  the  seaman  or 
apprentice  was  discharged,  or  was  to  have  been  discharged. 

Sec.  4543.  Every  shi])ping-  commissioner  iu  the  United  States  shall, 
within  one  week  from  the  date  of  receiving-  auy  such  money,  wages,  or 
eftects  of  any  decteased  seaman  or  apprentice,  i)ay,  remit,  or  deliver  to 
the  circuit  court  of  the  circuit  in  which  he  resides,  the  money,  wages, 
or  effects,  subject  to  such  deductions  as  may  be  allowed  by  the  circuit 
court  for  expenses  incurred  in  respect  to  such  money  and  effects ;  and 
should  any  commissioner  fail  to  pay,  remit,  and  deliver  the  same  to  the 
circuit  court,  within  the  time  hereinbefore  mentioned,  he  shall  incur  a 
penalty  of  not  njore  than  treble  the  value  of  such  money  an<l  effects. 

Sec.  4544:.  If  the  money  and  effects  of  any  seaman  or  apprentice  paid, 
remitted,  or  delivered  to  the  circuit  court,  including  the  moneys  re- 
ceived for  any  part  of  his  effects  which  have  been  sold,  either  Ijefore 
delivery  to  the  circuit  court,  or  by  its  directions,  do  not  exceed  iu  value 
the  sum  of  three  hundred  dollars,  then,  subject  to  the  provisions  here- 
inafter contained,  and  to  all  such  deductions  for  expenses  incurred  in 
respect  to  the  seaman  or  apprentice,  or  of  his  money  and  effects,  as  the 
said  court  thinks  fit  to  allow,  the  court  may  pay  and  deliver  the  said 
money  and  effects  to  any  claimants  who  can  prove  themselves  either  to 
be  his  widow  or  children,  or  to  be  entitled  to  the  eftects  of  the  deceased 
under  his  will,  or  under  any  statute,  or  at  common  law,  or  to  be  entitled 
to  procure  probate,  or  take  out  letters  of  administration  or  confirma- 
tion, although  no  probate  or  letters  of  admiuistratiou  or  confirmation 
have  been  taken  out,  and  shall  be  thereby  discharged  from  all  further 
liability  in  respect  of  the  money  and  effects  so  paid  and  delivered;  or 
may,  if  it  thinks  fit  so  to  do,  require  probate,  or  letters  of  admin- 
istration or  confirmation,  to  be  taken  out,  and  thereupon  jiay  and  deliver 
the  said  money  and  effects  to  the  legal  i)ersonal  representatives  of  the 
deceased;  and  if  such  money  and  effects  exceed  in  value  the  sum  of 
three  hundred  dollars,  then,  subject  to  deduction  for  expenses,  the  court 
shall  pay  and  deliver  the  same  to  the  legal  personal  representatives  of 
the  deceased. 

Sec.  4545.  When  no  claim  to  the  wages  or  effects  of  a  deceased  sea- 
man or  ap])rentice,  received  by  a  circuit  court,  is  substantiated  within 
six  years  after  the  receipt  thereof  by  the  court,  it  shall  be  in  the  abso- 
lute discretion  of  the  court,  if  any  subsequent  claim  is  made,  either  to 
allow  or  refuse  the  same.  Such  courts  siuiU,  from  time  to  time,  pay 
any  moneys  arising  from  the  unclaimed  wages  and  effects  of  deceased 
seamen,  which,  in  their  opinion,  it  is  not  necessary  to  retain  for  the  pur- 
pose of  satisfying  claims,  into  the  Treasury  of  the  United  States,  and 
such  moneys  shall  form  a  fund  for,  and  be  appropriated  to,  the  relief  of 
sick  and  disabled  and  destitute  seamen  belonging  to  the  United  States 
merchant  marine  service. 

Sec.  4540.  Whenever  the  wages  of  any  seaman  are  not  paid  within 
ten  days  after  the  time  when  the  same  ought  to  be  paid  according  to 
the  provisions  of  this  Title,  or  any  dispute  arises  between  the  master 
and  seamen  touching  wages,  the  district  judge  for  the  judicial  district 
where  the  vessel  is,  or  in  case  his  residence  be  more  than  three  miles 
from  the  place,  or  he  be  absent  from  the  place  of  his  residence,  then, 
any  judge  or  justice  of  the  peace,  or  any  commissioner  of  a  circuit  court, 
may  summon  the  master  of  such  vessel  to  appear  before  him,  to  show 
cause  why  process  should  not  issue  against  such  vessel,  her  tackle,  ap- 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  181 

parel,  and  rurnituie,  according  to  the  course  of  admiralty  courts,  to 
answer  for  tlie  wages. 

Sec.  4547.  If  the  master  against  whom  such  summons  is  issued  neg- 
lects to  ai)i)ear,  or,  appearing,  does  not  show  that  the  wages  are  paid, 
or  otherwise  satisfied  or  forfeited,  and  if  the  matter  in  dispute  is  not 
forthwith  settled,  the  judge  or  justice  or  commissioner  shall  certify  to 
the  clerk  of  the  district  court  that  there  is  sufficient  cause  of  complaint 
whereon  to  found  admiralty  process,  and  thereupon  the  clerk  of  such 
court  shall  issue  process  against  the  vessel,  and  the  suit  shall  be  pro- 
ceeded on  in  the  court,  and  final  judgment  shall  be  given  according  to 
the  nsual  coarse  of  admiralty  courts  in  such  cases.  In  such  suit  all  the 
seamen  having  cause  of  complaint  of  the  like  kind  iigainst  the  same  ves- 
sel, shall  be  ioined  as  complainants;  and  it  shall  be  incumbent  on  the 
master  to  produce  the  contract  and  log-book,  if  required,  to  ascertain 
any  matters  in  dispute;  otherwise  the  complainants  shall  be  permitted 
to  state  the  contents  thereof,  and  the  proof  of  the  contrary  shall  lie  on 
the  master.  But  ntsthing  herein  contained  shall  prevent  any  setunan 
from  maintaining  any  action  at  common  law  for  the  recovery  of  his 
wages,  or  having  imn/ediate  process  out  of  any  court  having  admiralty 
jurisdiction,  wherever  uny  vessel  may  be  found,  in  case  she  shall  have 
left  the  port  of  delivery  where  lier  voyage  ended,  befoie  payment  of 
the  wages,  or  in  case  she  shall  be  about  to  proceed  to  sea  before  the  end 
of  the  ten  days  next  after  the  delivery  of  her  cargo  or  ballast. 

Sec.  4548.  Moneys  paid  under  the  laws  of  the  United  States,  by  di- 
rection of  consular^ officers  or  agents,  at  any  foreign  port  or  ph\ce,  as 
wages,  extra  or  otherwise,  due  American  seamen,  shall  be  paid  in  gold 
or  its  equivalent,  without  any  deduction  whatever,  any  contract  to  the 
contrary  notwithstanding. 


DISCHARGE.* 

(Revised  Statutes,  cbap.  4.) 

Sec.  4540.  All  seamen  discharged  in  the  United  States  from  mer- 
chant-vessels engaged  in  voyages  from  a  port  in  the  United  States  to 
any  foreign  port,  or,  being  of  the  burden  of  seventy-five  tons  or  upward, 
from  a  port  on  the  Atlantic  to  a  port  on  the  Pacific,  or  vice  versa,  shall 
be  discharged  and  receive  their  wages  in  the  presence  of  a  duly  author- 
ized shipping-commissioner  under  this  Title,  except  in  cases  where  some 
competent  court  otherwise  directs;  and  any  master  or  owner  of  any 
such  vessel  who  discharges  any  such  seaman  belonging  thereto,  or  pays 
his  wages  within  the  United  States  in  any  other  manner,  shall  be  liable 
to  a  penaltv  of  not  more  than  fifty  dollars. 

Sec.  4550.  Every  master  shall,  not  less  than  forty-eight  hours  before 
paying  off  or  discharging  any  seaman,  deliver  to  him,  or,  if  he  is  to  be 
discharged  before  a  shipping-commissioner,  to  such  shipinng-commis- 
sioner,  a  full  and  true  account  of  his  wages,  and  all  deductions  to  be 
made  therefrom  on  any  account  whatsoever;  and  in  default  shall,  for 
each  otfensc,  be  liable  to  a  ])eiialty  of  not  more  than  fifty  dolhirs.  No 
deduction  from  the  wages  of  any  seaman  except  in  resi)ectof  some  mat- 
ter happening  after  such  delivery  shall  be  allowed,  unless  it  is  included 
in  the  account  delivered;  and  the  master  shall,  during  the  voyage,  enter 

•Masters  of  American  vessels  caunot  lawfully  discbarge  seanieu  iu  foreign  ports 
without  the  intervention  of  the  consul.     {Opinion  of  Attorney-General,  July,  18.=)5.) 


182  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

the  various  matters  in  respect  to  which  such  deductions  are  made,  with 
the  amounts  of  the  respective  deductions  as  they  occur,  in  the  official 
log-book,  and  shall,  if  required,  produce  such  book  at  The  time  of  the 
payment  of  wages,  and,  also,  upon  the  hearing,  before  any  competent 
authority,  of  any  complaint  or  question  relating  to  such  payment. 

Sec.  4551.  Upon  the  discharge  (^)f  any  seaman,  or  upon  payment  of  his 
wages,  the  master  shall  sign  and  give  him  a  certificate  of  discharge, 
specifying  the  i)eriod  of  his  service  and  the  time  and  i>lace  of  his  discharge, 
in  the  form  maiked  Table  B  in  the  schedule  annexed  to  this  Title;  and 
every  master  who  fails  to  sign  and  give  to  such  seaman  such  certificate 
and  discharge,  shall,  for  each  such  offense,  incur  a  penalty  not  exceed- 
ing fifty  dollars.  But  whenever  the  master  shall  discharge  his  crew  or 
any  part  thereof  in  any  collection  district  where  no  shii»])ing-commis- 
sioner  has  been  appointed,  he  may  perform  for  himself  the  duties  of  such 
commissioner. 

Sec.  4552.  The  following  rules  shall  be  observed  with  respect  to  the 
settlement  of  wages : 

First.  Upon  the  completion,  before  a  shipping  commissioner,  of  any 
discharge  and  settlement,  the  master  or  owner  and  each  seaman, 
respectively,  in  the  presence  of  the  shipping-commissioner,  shall  sign  a 
mutual  release  of  all  claims  for  wages  in  respect  of  the  past  voyage  or 
engagement,  and  the  shipping-commissioner  shall  also  sign  and  attest 
it,  and  shall  retain  it  in  a  book  to  be  kej^t  for  that  purpose,  provided 
both  the  niastei-  and  seamen  assent  to  such  settlement,  or  the  settle- 
ment has  been  adjusted  by  the  shipping  commissioner. 

Second.  Such  release,  so  signed  and  attested,  shall  operate  as  a 
mutual  discharge  and  settlement  of  all  demands  for  wages  between  the 
I)arties  thereto,  on  account  of  wages,  in  resi^ect  of  the  past  voyage  or 
engagement. 

Thiid.  A  copy  of  such  release,  certified  under  the  hand  and  seal  of 
slich  shii)ping-commissioner  to  be  a  true  copy,  shall  be  given  by  him  to 
any  i)arty  thereto  requiring  the  same,  and  such  copy  shall  be  receiv- 
able in  evidence  upon  any  future  question  touching  such  claiujs.  and 
shall  have  all  the  effect  of  the  original  of  which  it  purports  to  be  a 
copy. 

Fourth.  In  cases  in  which  discharge  and  settlement  before  a  ship- 
ping-commissioner are  required,  no  payment,  receipt,  settlement,  or 
discharge  otherwise  made  shall  0})erate  as  evidence  of  the  release  or 
satisfaction  of  any  claim. 

Fifth.  Upon  payment  being  made  by  a  nmster  before  a  shii)ping-com- 
missioner,  the  shipi)ing  commissioner  shall,  if  required,  sign  and  give 
to  such  master  a  statement  of  the  whole  amount  so  paid;  and  such 
statement  shall,  between  the  master  and  his  employer,  be  received  as 
evidence  that  he  has  made  the  payments  therein  mentioned. 

Sec.  4553.  Upon  every  discharge  effected  before  a  shipping-commis- 
sioner, the  nuister  shall  make  and  sign,  in  the  form  given  in  the  table 
marked  "B,"  in  the  schedule  annexed  to  this  Title,  a  report  of  the  con- 
duct, cliaraciter,  and  qualifications  of  the  persons  discharged;  or  may 
state  in  such  form,  that  he  declines  to  give  any  opinion  u{)on  such  par- 
ticulars, or  upon  any  of  them;  and  the  commissioner  shall  keep  a  regis- 
ter of  the  same,  and  shall,  if  desired  so  to  do  by  any  seanmn,  give  to 
him  or  indorse  on  his  certiticate  of  discharge  a  copy  of  so  much  of  such 
report  as  concerns  him. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  183 

PROTECTION   AND  RELIEF. 

(Revised  Statutes,  chap.  5.) 

Sec.  4554.  Every  shijiping-coinuiissioiier  shall  hear  and  decide  any 
question  whatsoever  between  a  master,  consignee,  agent,  or  owner,  and 
any  of  his  crew,  which  both  parties  agree  in  writing  to  submit  to  him; 
and  eveiy  award  so  made  by  him  shall  be  binding  on  both  parties,  and 
shall,  in' any  legal  proceedings  which  n\ay  be  taken  in  the  matter, 
before  any  court  of  justice,  be  deemed  to  be  conclusive  as  to  the  rights 
of  parties.  And  any  document  under  the  hand  and  official  seal  of  a 
commissioner  purporting  to  be  such  submission  or  award,  shall  be 
prima-facie  evidence  thereof. 

Sec.  4555.  In  any  proceeding  relating  to  the  wages,  claims,  or  dis- 
charge of  a  seaman,  carried  on  before  any  shipping-commissioner,  under 
the  provisions  of  this  Title,  such  shipping-commissioner  may  call  upon 
the  owner,  or  his  agent,  or  u[)on  the  master,  or  any  mate,  or  any  other 
member  of  the  crew,  to  i)roduce  any  log-books,  papers,  or  other  docu- 
ments in  their  possession  or  power,  respectively,  relating  to  any  matter 
in  question  in  such  proceedings,  and  may  (;all  before  him  and  examine 
any  of  such  persons,  being  then  at  or  near  the  [)lace,  on  any  such  mat- 
ter :  and  every  owner,  agent,  master,  mate,  or  other  member  of  the 
crew  who,  when  called  upon  by  the  shipping-commissioner,  does  not 
l^roduce  any  such  books,  i>apers,  or  documents,  if  in  his  possession  or 
power,  or  does  not  appear  and  give  evidence,  shall,  unless  he  shows 
some  Reasonable  cause  for  such  a  default,  be  liable  to  a  penalty  of  not 
more  than  oiu?  hundred  dollars  for  each  offense;  and,  on  application 
made  by  the  shipiiing-commissioner,  shall  be  further  punished,  in  the 
discretion  of  the  court,  as  in  other  cai.es  of  contempt  of  the  process  of 
the  court. 

Sec.  455G.  If  the  mate  or  first  officer  under  the  master,  and  a  major- 
ity of  the  crew  of  any  vessel,  bound  on  a  voyage  to  any  foreign  ])ort, 
shall,  after  the  voyage  is  begun,  and  before  tlie  vessel  shall  have  left  the 
land,  discover  tlnit  the  vessel  is  too  leaky,  or  is  otherwise  unlit  in  her 
crew,  body,  tackle,  apparel,  furniture,  provisions,  or  stores,  to  proceed 
on  the  intended  voyage,  and  shall  require  such  unfitness  to  be  inquired 
into,  the  master  shall,  upon  the  request  of  the  mate  or  other  officer  and 
sucii  majority,  foithwith  proceed  to  or  stop  at  the  nearest  or  most  con- 
venient port  or  place  where  such  inquiry  can  be  made,  and  shall  there 
apply  to  the  judge  of  the  district  court  of  that  judicial  district,  if  he 
shall  there  reside,  or  if  not,  to  some  justice  of  the  peace  of  the  city,  towu, 
or  place,  taking  with  him  two  or  more  of  the  crew  who  shall  have  made 
such  request. 

Sec.  4557.  The  judge  or  justice  shall,  upon  such  application  of  the 
master  or  commander,  issue  his  precept  directed  to  three  persons  in  the 
neigiiborhood,  the  most  skillful  in  maritinu-  atfairs  that  can  be  ])rocured, 
recpiiring  them  to  repair  on  board  such  vessel,  and  to  examine  the  same 
in  res[)ect  to  the  defects  and  insufficiencies  complained  «  f ,  and  to  make 
report  to  him,  tlie  judge  or  justice,  as  the  case  nuiy  be,  in  writing  under 
th.'ir  hands,  or  the  liands  of  two  of  them,  whether  in  any  or  in  what  re- 
spect the  vessel  is  unfit  to  proceed  on  the  intemled  voyage,  and  what 
addition  of  men,  i)rovisions,  or  stores,  or  what  repairs  or  alterations  in 
the  body,  tackle,  or  api)arel  will  be  necessaiy  ;  and  upon  such  report 
the  judge  or  justice  shall  adjudge,  and  shall  indorse  on  the  report  his 
judgment,  whether  the  vessel  is  tit  to  proceed  on  the  intended  voyage; 
and  if  not,  whether  such  repairs  cau  be  made  or  deficiencies  supplied 


184       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

where  the  vessel  then  lies,  or  whether  it  is  necessary  for  her  to  return  to 
the  port  from  whence  she  first  sailed,  to  be  there  retitted;  and  the  mas- 
ter and  crew  shall  in  all  things  conform  to  the  jadgineut.  The  master 
or  commander  shall,  in  the  first  instance,  pay  all  the  costs  of  such  view, 
report,  and  judgment,  to  be  taxed  and  allowed  on  a  fair  copy  thereof, 
certified  by  the  judge  or  justice.  But  if  the  complaint  of  the  crew  sliall 
appear,  ui)on  the  rei)ort  and  judgment,  to  have  been  without  foundation, 
the  master  or  commander,  or  the  owner  or  consignee  of  such  vessel, 
shall  dedu(;t  the  amount  thereof,  and  of  reasonable  damages  for  the  de- 
tention, to  be  ascertained  by  the  judge  or  justice,  out  of  the  wages  grow- 
ing due  to  the  complaining  seamen. 

Sec.  4558.  If  after  judgment  that  such  vessel  is  fit  to  proceed  on  her 
intended  voyage,  or  after  procuring  sucli  men,  provisions,  stores,  repairs, 
or  alterations  as  may  be  directed,  the  seamen,  or  either  of  them,  shall 
refuse  to  proceed  on  the  voyage,  it  shall  be  lawful  for  any  justice  of  the 
peace  to  commit,  by  warrant  under  his  hand  and  seal,  every  such  sea- 
man who  refuses[, J  to  the  common  jail  of  the  county,  thereto  remain  with- 
out bail  or  mainprise  until  he  has  paid  double  the  sum  advanced  to  him 
at  the  time  of  subscribing  the  contract  for  the  voyage,  together  with 
such  reasonable  costs  as  are  allowed  by  the  justice,  and  inserted  in  the 
warrant:  and  the  sureties  of  such  seaman,  in  case  he  has  given  any, 
shall  remain  liable  for  such  payment;  norshailany  such  seaman  be  dis- 
charged upon  any  writ  of  habeas  corpus  or  otherwise,  for  want  of  any 
form  of  commitment,  or  other  previous  proceedings,  until  such  sum  is 
paid  by  him  or  his  surety,  if  sufbcient  matter  be  made  to  appear,  upon 
the  return  of  such  habeas  corpus,  and  an  examination  then  had,  to  de- 
tain him  for  the  causes  hereinbefore  assigned.  ■' 

Sec.  4559.  Upon  a  complaint  in  writing,  signed  by  the  first,  or  the 
second  and  third  officers  and  a  majority  of  the  crew,  of  any  vessel  while 
in  a  foreign  poi  t,  that  such  vessel  is  in  an  unsuitable  condition  to  go  to 
sea,  because  she  is  leaky,  or  insufficiently  supplied  with  sails,  rigging, 
anchors,  or  any  other  equipment,  or  that  the  crew  is  insufticient  to  man 
her,  or  that  her  provisions,  stores,  and  supplies  are  not,  or  have  not  been, 
during  the  voyage,  sufficient  and  wholesome,  thereupon,  in  any  of  these 
or  like  cases,  the  consul  or  a  commercial  agent  who  may  discbarge  any 
duties  of  a  consul,  shall  appoint  two  disinterested,  competent,  practical 
men,  acquainted  with  maritime  affairs,  to  examine  into  the  causes  of 
complaint,  who  shall,  in  their  report,  state  what  defects  and  deficiencies, 
if  any,  they  find  to  be  well  founded,  as  well  as  what,  in  their  judgment, 
ought  to  be  done  to  i)ut  the  vessel  in  order  for  the  continuance  of  her 
voyage. 

Sec.  4560.  The  inspectors  appointed  by  any  consul  or  commercial 
agent,  in  pursuance  of  the  preceding  section,  shall  have  full  power  to 
examine  the  vessel  and  whatever  is  aboard  of  her,  so  far  as  is  pertinent 
to  their  inquiry,  and  also  to  hear  and  receive  any  other  ])roofs  which  the 
ends  of  justice  may  require  ;  and  if,  upon  a  view  of  the  whole  proceed- 
ings, the  consul  or  otlier  commercial  agent  is  satisfied  thei  ewith,  he  may 
approve  the  whole  or  any  part  of  the  rejiort,  and  shall  certify  such  ap- 
proval ;  or  if  he  dissents,  he  shall  certily  his  reasons  for  dissenting. 

Sec.  4561.  Tlie  inspectors  in  their  report  shall  also  state  whether,  in 
their  opinion,  the  vessel  was  sent  to  sea  unsuitably  provided  in  any  im- 
portant or  essential  particular,  by  neglect  or  design,  or  through  mistake 
or  accident,  and  in  case  it  was  by  neglect  or  design,  and  the  consul  or 
other  commercial  agent  approves  of  such  finding,  he  shall  discharge  such 
of  the  crew  as  require  it,  each  of  whom  shall  be  entitled  to  three  mouths' 
pay  in  addition  to  his  wages  to  the  time  of  discharge ;  but  if,  in  the 


NAVIGATION    LA\YS    OF    THE    UNITED    STATES.  185 

opinion  of  the  inspectors,  the  defects  or  deficiencies  found  to  exist  have 
been  the  result  of  niistalce  or  accident,  and  could  not,  in  the  exercise  of 
ordinary  care,  have  Ix^en  known  and  provided  against  before  the  sailing 
of  the  vessel,  and  the  master  shall,  in  a  reasonable  time,  remove  or  rem- 
edy the  causes  of  complaint,  then  the  crew  shall  remain  and  discharge 
their  duty ;  otherwise  they  shall,  upon  their  request,  be  discharged,  and 
receive  each  one  month's  wages  in  addition  to  their  pay  up  to  the  time 
of  discharge. 

Sec.  4.502.  The  master  shall  pay  all  such  reasonable  charges  for  in- 
spection under  such  complaint  as  shall  be  officially  certified  to  him  under 
the  liand  of  the  consul  or  commercial  agent;  but  in  case  the  inspectors 
report  that  the  complaint  is  without  any  good  and  sufficient  cause,  the 
nuister  may  retain  trom  the  wages  of  the  com[)lainants,  in  proportion 
to  the  pay  of  each,  the  amount  of  such  charges,  with  such  reasonable 
damages  for  detention  on  that  account  as  the  consul  or  commercial 
agent  directing  the  inquiry  may  officially  certify. 

Sec  4563.  Every  master  who  refuses  to  pay  such  wages  and  charges 
shall  be  liable  to  each  person  injured  thereby[,]iudamages,  to  be  recov- 
ered in  any  court  of  the  United  States  in  the  district  where  such  delin- 
quent may  reside  or  be  found,  and  in  addition  thereto  be  punishable  by 
a  fine  of  one  hundred  dollars  for  each  offense. 

Sec.  4504.  Every  vessel  belonging  to  a  citizen  of  the  Uuited  States, 
bound  on  a  voyage  across  the  Atlantic  Ocean,  shall,  at  the  time  of 
leaving  the  last  port  from  whence  she  sails,  have  on  board,  well  secured 
under  deck,  at  least  sixty  gallons  of  water,  one  hundred  pounds  of  salted 
tlesh  meat,  and  one  hundred  pounds  of  wholesome  ship- bread,  for  every 
person  on  board  such  vessel,  besides  such  other  provisions,  stores,  and 
live-stock  as  shall  by  the  master  or  passengers  be  put  on  board,  and  in 
like  proportion  for  shorter  or  longer  voyages. 

Sec.  4505.  Any  three  or  more  of  the  crew  of  any  merchant-vessel  of 
the  United  States  bound  from  a  port  in  the  United  States  to  any  for- 
eign port,  or  being  of  the  bur<len  of  seventy-five  tons  or  upward,  and 
l)ound  from  a  port  on  the  Atlantic  to  a  port  on  the  Pacific,  or  vice  versa, 
nniy  complain  to  any  officer  in  command  of  any  of  the  vessels  of  the 
Tuited  States  I^avy,'or  consular  officer  of  the  United  States,  or  ship- 
ping-commissioner or  chief  officer  of  the  customs,  that  the  provisions 
or  water  for  the  use  of  the  crew  are,  at  any  time,  of  bad  quality, 
unfit  for  use,  or  deficient  in  quantity.  Such  officer  shall  thereupon 
t^xamme  the  provisions  or  water,  or  cause  them  to  be  examined;  and 
if,  on  examination,  sucli  provisions  or  water  are  found  to  be  of  bad 
(lualitv  and  unfit  for  use,  or  to  be  deficient  in  quantity,  the  person 
making  such  examination  shall  certify  the  same  in  writing  to  the  mas- 
ter of  the  ship.  If  such  master  does  not  thereupon  provide  other  proper 
provisions  or  water,  where  the  same  «'an  be  had,  in  lieu  of  any  so  certi- 
fied to  be  of  a  bad  (pudity  and  unfit  for  use,  or  does  not  procure  the 
requisite  quantity  of  any  so  certified  to  be  insufficient  in  quantity,  or 
uses  any  provisions  or  water  which  have  been  so  certified  as  aforesaid 
to  be  of  bad  quality  and  unfit  f(U^  use,  he  shall,  in  every  such  case,  be 
liable  to  a  i)enalty  of  not  more  than  one  hundred  dollars;  and  upon  every 
such  examination  the  officers  making  or  directing  the  same  shall  enter 
a  statement  of  the  result  of  the  examination  in  the  log-book,  and  shall 
send  a  rejmrt  thereof  to  the  district  judge  tbr  the  judicial  district  em- 
bracing the  port  to  which  such  vessel  is  bound;  and  such  report  shall 
be  received  in  evidence  in  any  legal  ]>roceedings. 

Sec.  4566.  If  the  officer  to  whom  any  such  complaint,  in  regard  to 
the  provisions  or  the  water,  is  made,  certifies  in  such  statement  that 


186  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

there  was  uo  reasonable  oroiuul  for  such  eoin})hiint,  eacli  of  the  parties 
so  coinphiiuiug'  shall  be  liable  to  forfeit  to  the  master  or  owner,  out  of 
his  Avages,  asum  not  exceeding  one  week's  wages. 

Sec.  4567.  If  any  seamen,  while  on  board  any  vessel,  shall  state  to 
the  master  that  they  desire  to  make  complaint,  in  accordance  with  the 
two  preceding  sections,  in  regard  to  the  provisio*  s  or  the  water,  to  a 
competent  officer,  against  the  master,  the  master  shall,  if  the  vessel  is 
then  at  a  place  where  there  is  any  such  officer,  so  soon  as  the  service  of 
the  vessel  will  permit,  and  if  the  vessel  is  not  then  at  such  a  place,  so 
soon  after  her  first  arrival  at  such  place  as  the  service  of  the  vessel 
will  permit,  allow  such  seamen,  or  any  of  them,  to  go  ashore,  or  shall 
send  them  ashore,  in  proj)er  custody,  so  that  they  may  be  enabled  to 
make  such  complaint;  and  shall,  in  default,  be  liable  to  a  penalty  of 
not  more  than  one  hundred  dollars. 

Sec.  4508.  If,  during  a  voyage,  the  allowance  of  any  of  the  provisions 
which  any  seaman  has,  by  his  agreement,  stipulated  for,  is  reduced,  ex- 
cept in  accordance  with  any  regulations  for  reduction  by  way  of  pun- 
ishment, contained  in  the  agreement,  and  also  for  any  time  during 
which  such  seaman  willfully,  and  without  sufficient  cause,  refuses  or 
neglects  to  perforni  his  duty,  or  is  lawfully  under  confinement  for  mis- 
conduct, either  on  board  or  on  shore  ;  or  if  it  is  shown  that  a:jy  of  such 
provisions  are,  or  have  been  during  the  voyage,  bad  in  quality,  and 
unfit  for  use,  the  seaman  shall  receive  by  way  of  compensation  for  such 
reduction  or  bad  quality,  according  to  the  time  of  its  continuance,  the 
following  sums,  to  be  paid  to  him  in  addition  to  and  to  be  recoverable 
as  wages : 

First.  If  his  allowance  is  reduced  by  any  quantity  not  exceeding  one- 
third  of  the  quantity  specified  in  the  agreement,  a  sum  not  exceeding 
fifty  cents  a  day. 

Second.  If  his  allowance  is  reduced  by  moi^i  than  one-third  of  such 
quantity,  a  sum  not  exceeding  one  dollar  a  day. 

Third.  In  respect  of  bad  quality,  a  sum  not  exceeding  one  dollar  a 
day. 

But  if  it  is  shown  to  the  satisfaction  of  the  court  before  which  the 
case  is  tried,  that  any  provisions,  the  allowance  of  which  has  been  re- 
duced, could  not  be  procured  or  supplied  in  sufficient  quantities,  or  were 
unavoidably  injured  or  lost,  and  that  proper  and  equivalent  substitutes 
were  supplied  in  lieu  thereof,  in  a  reasonable  time,  the  court  shall  take 
such  circumstances  into  consideration,  and  shall  modify  or  refuse  com- 
pensation, as  the  justice  of  the  case  may  require. 

Sec.  4569.  Every  vessel  belonging  to  a  citizen  of  the  United  States, 
boun<i  from  a  port'in  the  United  States  to  any  foreign  i)ort,  or  being  of 
the  burden  of  seventy-five  tons  or  upward,  and  bound  from  a  port  on 
the  Atlantic  to  a  port  on  the  Pacific,  or  vice  versa,  shall  be  provided 
with  a  chest  of  medicines;  and  every  sailing  vessel  bound  on  a  voyage 
across  the  Atlantic  or  Pacific  Ocean,  or  around  Cai)e  aorn,or  the  Cape 
of  Good  Hope,  or  engaged  in  the  whale  or  other  fisheries,  or  in  sealing-, 
shall  also  be  provided  with,  and  cause  to  be  kept,  a  sufficient  (luantity 
of  lime  or  lemon  juice,  and  also  sugar  and  vinegar,  or  other  antiscorbu- 
tics,  to  be  served  out  to  every  seaman  as  follows :  The  master  of  every 
such  vessel  shall  serve  the  lime  or  lemon  juice,  and  sugar  and  vine- 
gar, to  the  crew,  within  ten  days  after  salt  provisions  mainly  have  been 
served  out  to  the  crew,  and  so  long  afterward  as  such  consumption  of 
salt  provisions  continues;  the  lime  or  lemon  juice  and  sugar  daily  at  the 
rate  of  half  an  ounce  each  per  day;  and  the  vinegar  weekly,  at  the  rate 
of  half  a  pint  per  week  for  each  member  of  the  crew. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  187 

Sec.  4570.  II",  on  any  such  vessel,  sueli  medicines,  medical  stores,  lime 
or  lemon  juice,  or  other  articles,  supar,  and  vinegar,  as  are  required  by 
the  preceding-  section,  are  not  i)rovided  and  kei)t  On  hoard,  as  required, 
the  master  or  owner  shall  be  liable  to  a  ])enalty  of  not  more  than  tive 
hundied  dollars;  and  if  the  master  of  any  such  vessel  neglects  to  serve 
out  the  lime  or  lemon  juice,  and  suoar  and  vinegar  in  the  case  and  man- 
ner directed,  he  shall  for  each  such  offense  be  liable  to  a  i)eualty  of  not 
more  than  one  hundred  dollars  ;  and  if  any  master  is  convicted  in  either 
of  the  offenses  mentioned  in  this  section,  and  it  appears  that  the  olTense 
is  owing  to  the  act  or  default  of  the  o\Yner,  such  ujaster  may  recover 
the  amount  of  such  ])enalty,  and  the  costs  incurred  by  him,  from  the 
owner. 

Sec.  4571.  Every  master  shall  keep  on  board  proper  weights  and 
measures  for  the  purpose  of  determining  the  quantities  of  the  several 
provisions  and  ariicles  served  out,  and  shall  allow  the  same  to  be  used 
at  the  time  of  serving  out  such  provisions  and  articles,  in  the  presence 
of  a  witness,  whene^  er  any  dispute  arises  about  such  quantities,  and  in 
default  shall,  for  every  offense,  be  liable  to  a  penalty  of  not  more  than 
fifty  dollars. 

Sec.  4572.  Every  vessel  bound  on  any  foreign  voyage  shall  also  be 
provided  with  at  least  one  suit  of  woolen  clothing  for  each  seaman,  for 
use  during  the  winter  months  :  and  every  such  vessel  shall  be  provided 
with  fu(d  and  a  safe  and  suitable  room  in  which  a  fire  can  be  kept  for 
the  use  of  seamen. 

Sec.  4573.  Before  a  clearance  is  granted  to  any  vessel  bound  on  a 
foreign  voyage  or  engaged  in  the  whale-fishery,  the  master  thereof  shall 
deliver  to  the  collector  of  the  customs  a  list  containing  the  names,  places 
of  birth  and  residence,  and  description  of  the  persop.s  who  compose  his 
ship's  company;  to  which  b'st  the  oath  of  the  captain  shall  be  annexed, 
that  the  list  contains  the  names  of  his  crew,  together  with  the  places  of 
their  birth  and  residence,  as  far  as  he  can  ascertain  them  ;  and  the  col- 
lector shall  deliver  him  a  certified  coi)y  thereof,  for  which  the  collector 
shall  be  entitled  to  receive  the  sum  of  twenty-five  cents. 

Sec.  4574.  In  all  cases  of  private  vessels  of  the  United  States  sailing 
from  a  port  in  the  United  States  to  a  foreign  port,  the  list  of  the  crew 
shall  be  examined  by  the  collector  for  the  district  fiom  which  the  ves- 
sel shall  clear,  and,  if  approved  of  by  him.  shall  be  certified  accordingly. 
No  i)erson  shall  be  admitted  or  employed  on  board  of  any  such  vessel 
unless  his  name  shall  have  been  entered  in  the  list  of  the  crew,  approved 
and  certified  by  the  collector  for  the  district  from  which  the  vessel  shall 
clear.  The  collector,  before  he  delivers  the  list  ol  the  crew,  ai)proved 
and  certified,  to  the  master  or  proper  oflicer  of  the  vessel  to  which  the 
same  Ijelougs,  shall  cause  the  same  to  be  recorded  in  a  buok  by  hini  for 
that  pur])ose  to  be  provided,  and  the  record  shall  be  open  for  the  in- 
spection of  all  persons,  and  a  certified  copy  thereof  shall  be  admitted 
in  evidence  in  any  court  in  which  any  question  may  arise  under  a\iy  of 
the  provisions  of  this  Title. 

Sec.  4575.  The  following  rules  shall  be  observed  with  reference  to 
vessels  bound  on  any  foreign  voyage : 

First.  The  duplicate  list  of  the  ship's  company,  required  to  be  made 
out  bv  the  nnjster  and  d<'livered  to  the  collector  of  the  customs,  under 
section  forty-five  hundred  and  seventy-three,  shall  be  a  fair  copy  in  one 
uniform  handwriting,  without  erasure  or  interlineation. 

Second.  It  shall  be  the  duty  ot  the  owners  of  every  such  vessel  to 
obtain  from  the  shippintf-commissioiicr.  or  ofiicer  actinfi  as  such  in  [col- 


188  NA.VIGATION    LAWS    OF    THE    UNITED    STATES. 

lector  of  the  eustoius  of  J*  tbe  district  from  which  the  clearance  is  made, 
a  true  and  certitied  copy  of  the  shippiug-articles,  containing-  the  names 
of  the  crew,  which  shall  be  written  in  a  uniform  hand,  without  erasures 
or  interlineations. 

Third.  These  documents,  which  shall  he  deemed  to  contain  all  the 
conditions  of  contract  with  the  crew  as  to  their  service,  pay.  voyage, 
and  all  other  things,  shall  be  produced  by  the  master,  and  laid  before 
any  consul,  or  other  commercial  agent  of  the  United  States,  whenever 
he  may  deem  their  contents  necessary  to  enable  him  to  discharge  the 
duties  imposed  upon  him  by  law  toward  any  mariner  applying  to  him 
for  his  aid  or  assistance. 

Fourth.  All  interlineations,  erasures,  or  writing  in  a  hand  different 
from  that  in  which  such  duplicatt^s  were  originally  made,  shall  be 
deemed  fraudulent  alterations,  working  no  change  in  such  papers,  un- 
less satisfactorily  explained  in  a  manner  consistent  with  innocent  pur- 
poses and  the  provisions  of  law  which  guard  the  rights  of  mariners. 

Fifth.  If  any  master  of  a  vessel  shall  proceed  on  a  foreign  voyage 
without  the  documents  herein  required,  or  refuse  to  produce  th^m  when 
required,  or  to  perform  the  duties  imposed  by  this  section,  or  shall 
violate  the  provisions  thereof,  he  shall  be  liable  to  each  and  every  in- 
dividual injnied  thereby  in  damages,  to  be  recovered  in  any  court  of 
the  United  States  in  the  district  where  such  delinquent  may  reside  or 
be  found,  and  in  addition  thereto  be  punishable  by  a  fine  of  one  hun- 
dred dollars  for  each  offense. 

Sixth.  It  shall  be  the  duty  of  the  boardiug-oflicer  to  report  all  viola- 
tions of  this  section  to  the  collector  of  the  port  where  any  vessel  may 
arrive,  and  the  collector  shall  report  the  same  to  the  Secretary  of  the 
Treasury  and  to  the  United  States  attorney  m  his  disrict. 

tSEC.  4576.  The  master  of  every  vessel  bound  on  a  foreign  voyage  or 
engaged  in  the  w  hale-fishery,  shall  enter  into  bond,  with  sufficient  se- 
curity, in  the  sum  of  four  hundred  dollars,  that  he  shall  exhibit  the 
certified  copy  of  the  list  of  the  crew,  to  the  first  boarding  officer,  at  the 
first  i)ort  in 'the  United  States  at  which  he  shall  arrive  on  his  return, 
and  also  produce  the  persons  named  therein  to  the  boarding-officer ; 
whose  duty  it  shall  be  to  examine  the  men  with  such  list,  and  to  report 
the  same  to  the  collector ;  and  it  shall  be  the  duty  of  the  collector  at 
the  port  of  arrival,  where  the  same  is  different  from  the  port  from 
which  the  vessel  originally  sailed,  to  transmit  a  copy  of  the  list  so 
reported  to  him  to  the  collector  of  the  port  from  which  such  vessel  orig- 
inally sailed.  But  such  bond  shall  not  be  forfeited  on  account  of  the 
master  not  pro  'ucing  to  the  first  boarding-officer  any  of  the  persons 
contained  in  the  list,  who  may  be  discharged  in  a  foreign  country  with 
the  consent  of  the  consul,  vice-consul,  commercial  agent,  or  vice-com- 
mercial agent  there  residing,  certified  in  writing,  under  his  hand  and 
official  seal,  to  be  produced  to  the  collector  with  the  other  persons  com- 
posing the  crew ;  nor  on  account  of  any  such  person  dying  or  absconding, 
or  being  forcibly  impressedinto  other  service,  of  which  satisfactory  proof 
shall  be  then  also  exhibited  to  the  collector. 

**See  Act  of  July  "20,  1840,  chap.  48,  sfcond  clause. 

t  .Votwitlistaudiug  the  -very  sweepiDg  lauguage  of  section  4576  aud  others  requiring 
masters  of  American  vessels  to  give  bond  for  return  of  all  the  crew  unless  discharged 
in  a  foreign  country  with  consent  of  a  consul,  yet  these  sections,  construed  with  the 
aid  of  the  other  parts  of  the  statutes,  cannot  be  held  to  require  a  master  to  return  to 
the  United  States  foreign  seamen  shipped  at  their  own  home  for  a  particular  cruise 
ending  where  it  begun  aud  discharged  then  according  to  the  terms  of  their  contract, 
though  without  the  cousent  of  a  consul.     (Opiinon  Ati'y.-Gcn.) 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       189 

*  Sec.  4577.  It  shall  be  the  diUy  of  the  coiisiiKs,  vice  consuls,  eoiuiner- 
cial  agents,  and  vice-coniniercial  agents,  from  time  to  time,  to  provide 
for  the  seamen  of  the  Tnited  States,  who  may  be  found  destitute  within 
their  districts,  lesjx'ctively,  snflicient  sul>sistence  and  passa<ies  to  some 
port  111  the  Tnited  States,  in  the  most  reasonable  manner,  at  the  ex- 
pense of  the  L'niteil  States,  subject  to  such  instructions  as  the  Secretary 
of  State  shall  ,<;ive.  The  seamen  shall,  if  able,  be  bound  to  do  duty  on 
board  the  vessels  in  whieh  they  may  be  transported,  according  to  their 
several  abilities. 

Sec  4578.  All  masters  of  vessels  belonging  to  citizens  of  the  I'nited 
States,  and  bound  to  some  port  of  the  same,  are  required  to  take  such 
destitute  seamen  on  board  of  their  vessels,  at  the  request  of  the  consuls, 
vice-consuls,  commercial  agents, or  vice-commercial  agents, respectively, 
and  to  transport  them  to  the  port  in  the  United  States  to  which  such 
vessel  may  be  bound,  on  such  terms,  not  exceeding  ten  dollars  for  each 
person,  as^nay  be  agreed  between  the  master  and  the  consul  or  otticer. 
Every  such  niaster  who  refuses  the  same  on  the  request  or  order  of 
such 'consul  or  oflicer  shall  be  liable  to  the  United  States  in  a  penalty 
of  one  hundred  dollars  for  each  seaman  so  refused.  The  certiticate  of 
any  such  consul  or  officer,  given  under  his  hand  and  official  seal,  shall 
be  presumptive  evidence  of  such  refusal,  in  any  court  of  law  having  ju- 
risdiction for  the  recovery  of  the  penalty.  No  master  of  any  vessel 
shall,  however,  be  obliged  to  take  a  greater  number  than  two  men  to 
every  one  hundred  tons  burden  of  the  vessel,  on  any  one  voyage. 

Sec.  4579.  Whenever  distressed  seamen  of  the  United  States  are 
Transported  from  foreign  ports  where  there  is  no  consular  officer  of  the 
United  States,  to  ports  of  the  United  States,  there  shall  be  allowed  to 
the  master  or  owner  of  each  vessel,  in  which  they  are  transported,  such 
reasonable  compensation,  in  addition  to  the  allowance  now  fixed  by  law, 
as  shall  be  deemed  equitable  by  the  First  Comptrober  of  the  Treasury. 

Sec.  4580,  Upon  the  application  of  any  seaman  to  a  consular  officer 
for  a  discharge,  if  it  appears  to  such  officer  that  he  is  entitled  to  his 
discharge  under  any  act  of  Congress,  or  according  to  the  general  prin- 
ciples or  usages  of  ^naritime  law,  as  recognized  in  the  United  States, 
the  officer  shall  discharge  such  seaman;  and  shall  require  from  the 
master  of  the  vessel  from  which  such  discharge  shall  be  made,  the  pay- 
ment of  three  months'  extra  wages,  over  and  -above  the  wages  which 
mav  then  be  due  to  such  seaman.  When,  however,  after  a  full  hearing 
of  both  parties,  the  cause  of  discharge  is  found  to  be  the  misconduct  of 
the  seanian,  the  consular  officer  may  remit  so  much  of  the  extra  wages 
as  would  be,  by  section  forty-five  hundred  aud  eightyfouf,  payable  to 
the  seaman. 

Sec.  4581.  If  any  consHlar  officer,  when  discharging  any  seaman,  shall 
neglect  to  require  the  ])ayment  of  and  collect  the  extra  wages  required 
to  be  i)aid  in  the  case  of  the  discharge  of  any  seaman,  he  shall  be  ac- 
countable to  the  Ihiited  States  for  the  full  amount  of  their  share  of 
such  wages,  and  to  such  seaman  to  the  full  amount  of  his  share  thereof; 
and  if  any  seaman  shall,  after  his  discharge,  have  incurred  any  expense 
for  board  or  other  necessaries  at  the  place  of  his  discharge,  before  ship- 
ping again,  such  expense  shall  be  paid  out  of  the  share  of  three  mouths' 
wages  to  which  he  shall  be  entitled,  which  shall  be  retained  for  that 
purpose,  and  the  bahuuie  only  paid  over  to  him. 

Sec.  458L*.  Whenever  a  vessel  belonging  to  a  citizen  of  the  United 
States  is  sold  in  a  foreign  country,  and  her  company  discharged,  or  wheu 

*  See  sec.  5863. 


190  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

a  seaman,  a  citizen  of  the  United  States,  is,  witli  bis  own  consent,  (lis 
charofed  in  a  foreign  country,  it  shall  be  the  duty  of  the  master  to 
produce  to  the  consular  otiicer,  the  certified  list  of  bis  ship's  company, 
and  to  i)ay  such  consul  or  ofWcer,  for  every  seaman  so  discharged,  des- 
ignated on  such  list  as  a  citizen  of  the  United  States,  three  mouths'  pay, 
over  and  above  the  wages  which  may  then  be  due  to  such  seaman. 

Sec.  4583.  Xo  payment  of  extra  wages  shall  be  required  upon  the 
discharge  of  any  seauian  in  cases  where  vessels  are  wrecked,  or  stranded, 
or  condemned  as  unfit  for  service.  If  any  consular  officer,  upon  the 
complaint  of  any  seaman  that  he  has  fulfilled  his  contract,  or  that  the 
voyage  is  continued  contrary  to  his  agreement,  is  satisfied  that  the  con- 
tract lias  expired,  or  that  the  voyage  has  been  protracted  by  circum- 
stances beyond  the  control  of  the  master,  and  without  any  design  on 
his  part  to  violate  the  articles  of  shipment,  then  he  may,  if  he  deems  it 
just,  discharge  the  mariner  without  exacting  the  three  months'  addi- 
tional pay.  No  payment  of  such  extra  wages,  or  any  part  tliereof,  shall 
be  remitted  in  any  case,  except  as  allowed  in  this  section. 

Sec.  45H4:.  Whenever  any  consular  ofiBcer  upon  the  discharge  of  any 
seaman  demands  or  receives  extra  three  months'  wages  for  such  sea- 
man, two-thirds  thereof  shall  be  paid  by  such  officer  to  the  seaman  so 
discharged,  upon  his  engagement  on  board  of  aiiy  vessel  to  return  to 
the  United  States.  The  remaining  third  shall  be  retained  for  the  i)ur- 
pose  of  creating  a  fund  for  the  payment  of  the  passages  of  seamen, 
citizens  of  the  United  States,  who  may  be  desirous  of  returning  to  the 
United  States,  and  for  the  maintenance  of  American  seamen  who  may 
be  destitute,  and  may  be  in  such  foreign  port;  and  the  several  sums 
retained  for  such  fund  sliall  be  accounted  for  with  the  Treasury  every 
six  months  by  the  persons  receiving  the  same. 

Sec.  4585.  There  sliall  be  assessed  and  collected  by  the  collectors  of 
customs  at  the  ports  of  the  United  States,  from  the  master  or  owner  of 
every  vessel  of  the  United  States  arriving  from  a  fctf-eigu  port,  or  of 
every  registered  vessel  emi)loyed  in  the  coasting  trade,  and  before  such 
vessel  shall  be  admitted  to  entry,  the  sum  of  forty  cents  per  month  for 
each  and  every  seaman  who  shall  have  been  employed  on  such  vessel 
since  she  was  last  entered  at  any  port  of  the  United  States;  which  sum 
such  master  or  owner  may  collect  and  retain  from  the  wages  of  such 
seamen.  ' 

Sec.  4586,  Whenever  a  sale  or  transfer  of  any  vessel  of  the  United 
States  is  made  in  a  foreign  port  or  water,  the  consular  officer  of  the 
United  States  within  whose  consulate  or  district  the  same  is  made,  or 
in  whose  hands  the  pai)ers  of  such  vessel  are,  is  reciuired  to  collect  of 
the  master  or  agent  of  such  vessel  all  moneys  that  shall  have  become 
due  to  the  United  States  by  virtue  of  the  preceding  section,  and  shall 
remain  unjiaid  at  the  time  of  such  sale  or  transfer;  and  such  consular 
officer  shall  retain  possession  of  the  papers  of  such  vessel  until  such 
money  shall  have  been  paid  as  herein  provided;  and  in  default  of  such 
payment  the  sale  or  transfer  shall  be  void,  excepting  as  against  the 
vendor. 

Sec.  4587.  jSTo  collector  shall  grant  to  any  vessel  except  canal-boats 
employed  in  navigating  the  canals  within  the  United  States,  whose  en- 
rollment or  license  for  carrying  on  the  coasting  trade  has  expired,  a  new 
enrollment  or  license,  unless  the  master  of  such  vessel  shall  have  first 
rendtired  a  true  account  to  the  collector  of  the  number  of  seamen  and 
the  time  they  have  been  em[)loyed  on  such  vessel,  during  the  continu- 
ance of  the  license  which  has  so  ex[)ired,  and  shall  have  paid  to  such 
collector  forty  cents  per  month  for  every  such  seaiuau  who  shall  have 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  191 

been  employed :  which  sum  the  master  is  hereby  authorized  to  retain 
out  of  the  wages  of  such  seaman.  Wlienever  tlie  master  of  any  regis- 
tered, enrolled,  or  licensed  vessel  of  the  United  States  renders  a  false 
account  of  the  number  of  seamen  so  employed,  or  of  the  length  of  time 
they  have  severally  l)een  employed,  as  is  herein  reipiired,  he  shall  l»e 
liable  to  a  penalty  of  tifty  dollars,  which  shall  be  applied  to,  and  shall 
make  a  part  of,  the  general  fund  created  for  the  relief  of  sick  and  disa- 
bled seamen  ;  and  all  needful  regulations  for  the  mode  of  collecting  the 
sums  hereinbefore  mentioned  shall  be  prepared  under  the  direction  of 
the  Secretary  of  the  Treasury,  by  such  person  as  by  him  may  be  desig- 
nated. 

Sec.  4588.  The  collector  of  every  district  shall  keep  a  book  or  books, 
in  which,  at  the  request  of  any  seaman,  being  a  citizen  of  the  United 
States  of  America,  and  producing  i)roof  of  his  citizenship,  authenticated 
in  the  manner  hereinafter  directed,  he  shall  enter  the  name  of  such 
seaman,  and  shall  deliver  to  him  a  certificate,  in  the  following  form, 
that  is  to  say:  "'1,  A.  B.,  collector  of  the  district  of  D.,  do  liereby  cer- 
tify, that  E.  F.,  au  American  seaman,  aged years,  or  thereabouts, 

of  the  height  of feet inches,  (describing  the  said  seaman 

as  particularly  as  may  be,)  has,  this  day,  produced  to  me  proof  in  the 
manner  directed  by  law ;  and  1  do  hereby  certify  that  the  said  E.  F.  is 
a  citizen  of  the  United  States  of  America.     In  witness  whereof,  I  have 

hereunto  set  my  hand  and  seal  of  oflice,  this day  of ."     It 

shall  be  the  duty  of  the  collectors  to  tile  and  preserve  the  proofs  of  citi- 
zenship so  produced.  For  each  certificate  so  delivered,  the  collectors 
shall  be  entitled  to  receive  from  the  seaman  applying  for  the  same  the 
sum  of  twenty-five  cents. 

Sec.  4580.  The  master  of  every  vessel  of  the  United  States,  au;s  of 
the  crew  whereof  shall  have  been  iuipressed  or  detained  by  any  foreign 
power,  shall,  at  the  first  port  at  which  such  vessel  arrives,  if  such  im- 
pressment or  detention  happened  on  the  high  Si-as,  or  if  the  same  hap- 
pened within  any  foreign  port,  then  in  the  port  in  which  the  same  hap- 
pened, immediately  make  a  protest,  stating  the  manner  of  such  impress- 
)neut  or  detention,  by  whom  made,  together  with  the  name  and  place 
of  residence  of  the  person  impressed  or  detained;  distinguishing  also 
whether  he  was  an  American  citizen  :  and,  if  not,  to  what  nation  he  be- 
longed. Such  master  shall  also  transmit,  by  post  or  otherwise,  every 
such  protest  made  in  a  foreign  country*,  to  the  nearest  consul  or  agent, 
or  to  the  minister  of  the  United  States  resident  in  such  country,  if  any 
such  there  be;  preserving  a  duplicate  of  such  i)rotest,  to  be  by  him  sent 
immediately  after  his  arrival  within  the  United  States  to  the  Secretary 
of  State,  together  with  infornuition  to  whom  the  origiiml  protest  was 
transmitted.  In  case  such  protest  shall  be  made  within  the  United 
States,  or  in  any  foreign  country,  in  which  no  consul,  agent,  or  minis- 
ter of  the  United  States  resides,  the  same  shall,  as  soon  thereafter  as 
practicable,  be  transmitted  by  such  nuister,  by  post  or  otherwise,  to  the 
Secretary  of  State. 

Sec.  4o<»(>.  The  collectors  of  the  districts  of  the  United  States  shall, 
from  time  to  time,  nuike  known  the  provisions  of  the  two  preceding  sec- 
tions to  all  masters  of  vessels  of  the  United  States  entering  or  clearing 
at  their  several  offices.  The  master  of  every  such  vessel  shall,  before 
he  is  admitted  to  an  entry  by  any  such  collector,  be  required  to  declare 
on  oath  whether  any  of  the  crew  of  the  vessel  under  his  command  have 
been  imi)ressed  or  detained,  in  the  course  of  his  voyage,  and  how  far  he 
has  comi)lied  with  the  directions  of  the  preceding  section.  Every  mas- 
ter who  willfully  neglects  or  refuses  to  make  the  declarations  herein  re- 


192  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

quired,  or  to  perform  the  duties  eujoiued  by  the  precediug-  section,  sball 
be  liable  to  a  penalty  of  one  hundred  dollars.  The  collectors  shall  pros- 
ecute for  any  forfeiture  that  may  be  incurred  under  this  section. 

*Sec.  4591.  The  collector  of  every  ])ort  of  entry  in  the  United  States 
shall  send  a  list  of  the  seamen  to  whom  certificates  of  citizenship  hav^e 
been  granted,  once  every  three  months,  to  the  Secretary  of  State,  to- 
gether with  an  account  of  such  impressments  or  detentions,  as  shall 
appear,'  by  the  protests  of  the  masters,  to  have  taken  place.      "  ' 


FEES   OF   SHIPPING-COMMISSIONERS. 

(Revised  Statutes,  clia|).  6.) 

Sec.  4592.  Fees  not  exceeding  the  sums  specified  in  the  tables  marked 
"C"  and  "D''  in  the  schedule  annexed  to  this  Title,  shall  be  payable 
upon  all  engagements  and  discharges  and  apprenticeships  effected  be- 
fore any  shipping-commissioner.  Each  shipping-commissioner  shall 
cause  a  scale  of  the  fees  payable  to  be  i)repared,and  to  be  conspicuously 
placed  in  the  shipping-oiiice,  and  may  refuse  to  proceed  with  any  en- 
gagement or  discharge  unless  the  fees  payable  thereon  are  first  paid. 

Sec.  4593.  Every  owner,  consignee,  agent,  or  master  of  a  vessel  en- 
gaging or  discharging  any  seaman  in  a  shipping-ofiice,  or  before  a  ship- 
Ijing-commissioner,  shall  pay  to  the  shipping-commissioner  the  whole  of 
the  fees  hereby  made  payable  in  respect  of  such  engagement  or  dis- 
charge; and  may,  for  the  purpose  of  in  ])art  reimbursing  himself,  de- 
duct, in  respect  to  each  such  engagement  or  discharge,  from  the  wages 
of  all  persons  except  apprentices,  so  engaged  or  discharged,  and  retain, 
any  sums  not  exceeding  the  sums  specified  in  that  behalf  in  the  Table 
marked  "E"  in  the  schedule  annexed  to  this  Title. 

Sec.  4594.  In  no  case  shall  the  salary,  fees,  and  emoluments  of  any 
officer  appointed  under  this  Title  be  more  than  five  thousand  dpllars 
per  annum;  and  any  additional  fees  shall  be  paid  into  the  Treasury  of 
the  United  States. 

Sec.  4595.  Every  shipping-commissioner,  and  every  clerk  or  employed 
in  any  shipping-oftlce,  who  demands  or  receives  any  remuneration  what- 
ever, either  directly  or  indirectly,  for  hiring  or  supplying  any  seaman 
for  any  merchant-vessels,  excepting  the  lawful  fees  payable  under  this 
Title,  shall,  for  every  such  offense,  be  liable  to  a  penalty  of  not  more 
than  two  hundred  dollars. 


discipline,  offenses,  and  punishments. 

(Revised  Statutes,  chap.  7.) 

Sec.  4590.  Whenever  any  seaman  who  has  been  lawfully  engaged,  or 
any  apprentice  to  the  sea-service,  commits  any  of  the  following  offenses, 
he  shall  be  punishable  as  follows: 

First.  For  desertion,  by  imprisonment  for  not  more  than  three  months, 
and  by  forfeiture  of  all  or  any  i)art  of  the  clothes  or  effects  he  leaves  on 
board,  and  of  all  or  any  part  of  the  wages  or  emoluments  which  he  has 
then  earned. 

*  See  sec.  2174. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  193 

Second.  For  ueglectiiig  and  refusing,  without  reasonable  cause,  to 
join  bis  vessel,  or  to  proceed  to  sea  in  liis  vessel,  or  for  absence  without 
leave  at  any  time  within  twenty-four  honrs  of  the  vessel  sailing  from  any 
port,  either  at  the  commencement  or  dnring  the  i)rogress  of  any  voyage ; 
or  for  absence  at  any  time  without  leave,  and  without  sufficient  reason, 
from  his  vessel,  or  from  his  duty,  not  amounting  to  desertion,  or  not 
treated  as  such  by  the  master;  by  imprisonment  for  not  more  than  one 
mouth,  and  also,  at  the  discretion  of  the  court,  by  forfeiture  of  his  wages, 
of  not  more  than  two  days'  pay,  and,  for  every  twenty-four  hours  of 
absence,  either  a  sum  not  exceeding  six  days'  pay,  or  any  expenses  which 
have  been  properly  incurred  in  hiring  a  substitute.' 

Third.  For  quitting  the  vessel  without  leave  after  her  arriv^al  at  her 
port  of  delivery,  and  before  she  is  placed  in  security,  by  forfeiture  out 
of  his  wages  of  not  more  than  one  month's  pay. 

Fourth.  For  willful  disobedience  to  any  lawful  command,  by  impris- 
onment for  not  more  than  two  months,  and  also,  at  the  discretion  of 
the  court,  by  forfeiture  out  of  his  wages  of  not  more  than  four  days' 
pay. 

Fifth.  For  continued  willful  disobedience  to  lawful  commands,  or  con- 
tinued willful  neglect  of  duty,  by  imprisonment  for  not  more  than  six 
months,  and  also,  at  the  discretion  of  the  court,  by  forfeiture,  for  every 
twenty-four  hours'  continuance  of  such  disobedience  or  neglect,  of  either 
a  sum  not  more  than  twelve  days'  pay,  or  sufficient  to  defray  any  ex- 
penses which  have  been  properly  incurred  in  hiring  a  substitute. 

Sixth.  For  assaulting  any  master  or  mate,  by  imprisonment  for  not 
more  than  two  years. 

Seventh.  For  combining  with  any  others  of  the  crew  to  disobey  law- 
ful commands,  or  to  neglect  duty,  or  to  impede  navigation  of  the  vessel, 
or  the  progress  of  the  voyage,  by  imprisonment  for  not  more  than  twelve 
months. 

Eighth.  For  willfully  damaging  the  vessel,  or  embezzling  or  will- 
fully damaging  any  of  the  stores  or  cargo,  by  forfeiture  out  of  his  wages, 
of  a  sum  equal  in  amount  to  the  loss  thereby  sustained,  and  also,  at 
the  discretion  of  the  court,  by  imprisonment  for  not  more  than  twelve 
months. 

Ninth.  For  any  act  of  smuggling  of  which  he  is  convicted,  and  where- 
by loss  or  damage  is  occasioned  to  the  master  or  owner,  he  shall  be  lia- 
ble to  pay  such  master  or  owner  such  a  sum  as  is  sufficient  to  re-imburse 
the  master  or  owner  for  such  loss  or  damage ;  and  the  whole  or  any  part 
of  his  wages  may  be  retained,  in  satisfaction  or  on  account  of  such  lia- 
bility ;  and  he  shall  also  be  liable  to  imprisonment  for  a  period  of  not 
more  than  twelve  months. 

Sec.  4597.  Upon  the  commission  of  any  of  the  offenses  enumerated  in 
the  preceding  section,  an  entry  thereof  shall  be  made  in  the  official  log- 
book, and  shall  be  signed  by  the  master,  and  by  the  mate  or  one  of  the 
crew  ;  and  the  offender,  if  still  in  the  vessel,  shall,  before  her  next  arrival 
at  any  port,  or  if  she  is  at  the  time  in  port,  before  her  departure  there- 
from, either  be  furnished  with  a  coi)y  of  such  entry,  or  have  the  same 
read  over  distinctly  and  audibly  to  him,  and  nuiy  thereupon  nmke  such 
reply  thereto  as  he  thinks  fit;  and  a  statement  that  a  copy  of  the  entry 
has  been  so  furnished,  or  the  same  has  been  so  read  over,  together  with 
the  reply,  if  any,  ukkIc  by  the  offender,  shall  likewise  be  entered  and 
signed  in  the  same  manner.  In  any  subsequent  legal  proceedings  the 
entries  hereinbefore  required  shall,  if  practicable,  be  produced  or 
proved,  and  in  default  of  such  production  or  proof,  the  court  hearing 
the  case  may,  at  its  discretion,  refuse  to  receive  evidence  of  the  offense. 
H.  mIs.  391 13 


194  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Sec.  4598.  If  any  seaman  who  sLall  Lave  signed  a  contract  to  per- 
form a  voyage  sball,  at  any  port  or  ])lace,  desert,  or  shall  absent  him- 
self from  such  vessel,  without  leave  of  the  master,  or  ofScer  command- 
ing in  the  absence  of  the  master,  it  shall  be  lawful  for  any  justice  of  the 
peace  within  the  United  States,  upon  the  complaint  of  the  master,  to 
issue  his  warrant  to  apprehend  such  deserter,  and  bring  him  before 
such  justice;  and  if  it  then  appears  that  he  has  signed  a  contract 
within  the  intent  and  meaning  of  this  Title,  and  that  the  voyage  agreed 
for  is  not  finished,  or  altered,  or  the  contract  otherwise  dissolved,  and 
that  such  seaman  has  deserted  the  vessel,  or  absented  himself  without 
leave,  the  justice  shall  commit  him  to  the  house  of  correction  or  com- 
mon jail  of  the  city,  town,  or  place,  to  remain  there  until  the  vessel 
shall  be  ready  to  i)roceed  on  her  voyage,  or  till  the  master  shall  require 
liis  discharge,  and  then  to  be  delivered  to  the  master,  he  payiug  all  the 
cost  of  such  commitment,  and  deducting  the  same  out  of  the  wages  due 
to  such  seaman. 

Sec.  4599.  Whenever,  either  at  the  commencement  of  or  during  any 
voyage,  any  seaman  or  apprentice  neglects  or  refuses  to  join,  or  deserts 
from  or  refuses  to  proceed  to  sea  in,  any  vessel  in  which  he  is  duly  en- 
gaged to  serve,  or  is  found  otherwise  absenting  himself  therefrom  with 
out  leave,  the  master,  or  any  mate,  or  the  owner,  or  consignee,  or  ship- 
ping-commissioner, may,  in  any  place  in  the  United  States,  with  or 
without  the  assistance  of  the  local  public  officers  or  constables,  who  are 
hereby  directed  to  give  their  assistance  if  required,  and  also  at  any 
place  out  of  the  United  States,  if  and  so  far  as  the  laws  in  force  at  such 
place  will  permit,  apprehend  him  without  first  procuring  a  warrant;  and 
may  thereupon,  in  any  case,  and  shall  in  case  he  so  requires  and  it  is 
practicable,  convey  him  before  any  court  of  justice  or  magistrate  of 
any  State,  city,  town,  or  county,  within  the  United  States,  authorized 
to  take  cognizance  of  otienses  of  like  degree  and  kind,  to  be  dealt  with 
according  to  the  provisions  of  law  governing  such  cases ;  and  may,  for 
the  purpose  of  conveying  him  before  such  court  or  magistrate,  detain 
him  in  custody  for  a  period  not  exceeding  twenty-four  hours,  or  may,  if 
he  does  not  so  require,  or  if  tliere  is  no  such  court  at  or  near  the  place, 
at  once  convey  him  on  board.  If  such  apprehension  appears  to  the 
court  or  magistrate  before  whom  the  case  is  brought  to  have  been  made 
on  improper  or  on  insufficient  grounds,  the  master,  mate,  consignee,  or 
shipping-commissioner  who  makes  the  same,  or  causes  the  same  to  be 
made,  shall  be  liable  to  a  penalty  of  not  more  than  one  hundred  dollars; 
but  such  penalty,  if  inflicted,  shall  be  a  bar  to  any  action  for  false  im- 
prisonment. 

*Sec.  4G09.  It  shall  be  the  duty  of  consular  officers  to  reclaim  desert- 
ers and  discountenance  insubordination  by  every  means  within  their 
power ;  and  where  the  local  authorities  can  be  usefully  employed  for 
that  purpose,  to  lend  their  aid  and  use  their  exertions  to  that  end,  in 
the  most  effectual  manner.  In  all  cases  where  deserters  are  appre- 
hended, the  consular  officer  shall  inquire  into  the  facts;  and  if  he  is 
satisfied  that  the  desertion  was  caused  by  unusual  or  cruel  treatment, 
the  seaman  shall  be  discharged,  and  receive,  in  addition  to  his  wages 
to  the  time  of  the  discharge,  three  months'  pay;  and  the  officer  dis- 
charging him  shall  enter  upon  the  crew-list  and  shipping-articles  the 
cause  of  disciiarge,  and  the  particulars  iu  which  the  cruelty  or  unusual 
treatment  consisted,  and  subscribe  bis  name  thereto,  officially. 

*  The  consul  has  no  authority  to  demand  and  receive  from  the  master  of  a  vessel  the 
money  and  eft'ects  belonging  to  a  deserter  from  the  vessel. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  195 

Sec.  46(H.  Whenever  any  person  harbors  or  secretes  any  seaman  be- 
longing to  any  vessel,  knowing  him  to  belong  thereto,  he  shall  be  liable 
to  pay  ten  dollars  for  every  day  daring  whieh  he  continues  so  to  harbor 
or  secrete  such  seaman,  recoverable  one-half  to  the  use  of  the  i)ersou 
persecutinf/  [prosecuting]*  for  the  same,  the  other  half  to  the  use  of  the 
Unied  States. 

f  Sec.  4G02.  Any  master  of,  or  any  seaman  or  apprentice  belonging" 
to,  any  merchant  vessel,  who,  by  willful  breach  of  duty,  or  by  reason  of 
drunkenness,  does  any  act  tending  to  the  immediate  loss  or  destruction, 
of,  or  serious  damage  to  such  vessel,  or  tending  immediately  to  endan- 
ger the  life  or  limb  of  any  i)erson  belonging  to  or  on  board  of  such  ves- 
sel; or  who,  by  willful  breach  of  duty,  or  by  neglect  of  duty,  or  by  rea- 
son of  drunkenness,  refuses  or  omits  to  do  any  lawful  act  pro])er  and 
requisite  to  be  done  by  him  for  preserving  such  vessel  from  immediate 
loss,  destruction,  or  serious  damage,  or  for  preserving  any  person  be- 
longing to  or  on  board  of  such  ship  fiom  immediate  danger  to  life  or 
limb,  shall,  for  every  such  ofl'ense,  be  deemed  guilty  of  a  misdemeanor, 
punishable  by  imprisonment  fgr  not  more  than  twelve  months. 

Sec.  4G03.  Any  question  concerning  the  forfeiture  of,  or  deductions 
from,  the  wages  of  any  seaman  or  api)rentice,  may  be  determined  in  any 
proceeding  lawfully  instituted  with  respect  to  such  wages,  notwithstand- 
ing the  otfense  in  respect  of  which  such  question  arises,  though  herebj' 
made  punishable  by  imprisonment  as  well  as  forfeiture,  has  not  been 
made  the  subject  of  any  criminal  proceeding. 

Sec.  4G04.  All  clothes,  effects,  and  wages  which,  under  the  provisions 
of  this  Title,  are  forfeited  for  desertion,  shall  be  applied,  in  the  first  in- 
stance, in  ])ayment  of  the  expenses  occasioned  by  such  desertion,  to  the 
master  or  owner  of  the  vessel  from  which  the  desertion  has  taken  place, 
and  the  balance,  if  any,  shall  be  paid  by  the  master  or  owner  to  any 
shipping-commissioner  resident  at  the  port  at  which  the  voyage  of  such 
vessel  terminates ;  and  the  shi]>ping-commissioner  shall  account  for  and 
pay  over  such  balance  to  the  judge  of  the  circuit  court  within  one  mouth 
alter  the  commissioner  receives  the  same,  to  be  disposed  of  by  him  in 
the  same  manner  as  is  prescribed  for  the  disposal  of  the  money,  effects, 
and  wages  of  deceased  seamen.  ^Yhenever  any  master  or  owner  neg- 
lects or  refuses  to  pay  over  to  the  shipping-commissioner  such  balance,, 
he  shall  be  liable  to  a  penalty  of  double  the  amount  thereof,  recovera- 
ble by  the  commissioner  in  the  same  manner  that  seamen's  wages  are 
recovered.  In  all  other  cases  of  forfeiture  of  wages,  the  forfeiture  shall 
be  for  the  benefit  of  the  master  or  owner  by  whom  the  wages  are  pay- 
able. 

Sec.  4G0o.  Whenever  in  any  proceeding  relating  to  seamen's  wages 
it  is  shown  that  any  seaman  or  apprentice  has,  in  the  course  of  the  voy- 
age, been  convicted  of  any  offense  by  any  competent  tribunal,  and 
rightfully  punished  therefor,  by  imprisonment  or  otherwise,  the  court 
hearing  the  case  may  direct:  a  part  of  the  wages  due  to  such  seamen 
[seaman]  t,  not  exceeding  fifteen  dollars,  to  be  applied  in  reimbursing 
any  costs  i)roi)erly  incurred  by  the  master  in  procuring  such  conviction 
and  punishment. 

Sec.  4G()G.  Every  person  who,  not  being  in  the  United  States  service, 
and  not  being  duly  authorized  by  law  for  the  pur])ose,  goes  on  board 
any  vessel  about  to  arrive  at  the  place  of  her  destination,  before  her 

*See  Act  of  July  20,  1790,  chap.  29,  sec.  4. 

+  See  sec.  5347. 

t  See  Act  of  June  7,  1872,  cliap.  322,  sec.  57. 


196  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

actual  aiTival,  and  before  she  has  been  completely  moored,  without  per- 
mission of  the  master,  shall,  for  every  such  offense,  be  punishable  by  a 
fine  of  not  more  than  two  hundred  dollars,  and  by  imprisonment  for  not 
more  than  six  months ;  and  the  master  of  such  vessel  may  take  any 
such  person  so  going  on  board  into  custody,  and  deliver  him  u])  forth- 
with to  any  constable  or  police-officer,  to  i)e  by  him  taken  before  any 
justice  of  the  peace,  to  be  dealt  with  according  to  the  provisions  of  this 
Title. 

Sec.  4G07.  If,  within  twenty-four  hours  after  the  arrival  of  any  vessel 
at  any  port  in  the  United  States,  any  person,  then  being  on  board  such 
vessel,  solicits  any  seaman  to  become  a  lodger  at  the  house  of  any  person 
letting  lodgings  for  hire,  or  takes  out  of  such  vessel  any  effects  of  any 
seaman,  except  under  his  personal  directiott,  and  with  the  permission 
of  the  master,  he  shall,  for  every  such  offense,  be  punishable  by  a  fine 
of  not  more  than  fifty  dollars,  or  by  imprisonment  for  not  more  than 
three  months. 

Sec.  4608.  No  seaman  in  the  merchant-service  shall  wear  any  sheath- 
knife  on  shipboard.  It  shall  be  the  duty  of  the  master  of  any  vessel 
registered,  enrolled,  or  licensed  under  the  laws  of  the  United  States, 
and  of  the  person  entering  into  contract  for  the  employment  of  a  seaman 
upon  anj'  such  vessel,  to  inform  every  person  ofl'ering  to  ship  himself  of 
the  provisions  of  this  section,  and  to  require  his  compliance  therewith, 
under  a  penalty  of  fifty  dollars  for  each  omission,  to  be  sued  for  and 
recovered  in  the  name  of  the  United  States,  under  the  direction  of  the 
Secretary  of  the  Treasury ;  one  half  for  the  benefit  of  the  informer,  and 
the  other  half  for  the  benefit  of  the  fund  for  the  relief  of  sick  and  dis- 
abled seamen. 

Sec.  4609.  If  any  person  shall  demand  or  receive,  either  directly  or 
indirectly,  from  any  seaman  or  other  person  seeking  employment  as  a 
seaman,  or  from  any  person  on  his  behalf,  any  remuneration  whatever 
other  than  the  fees  hereby  authorized,  for  providing  him  with  employ- 
ment, he  shall,  for  every  such  offense,  be  liable  to  a  penalty  of  not  more 
than  one  hundred  dollars. 

Sec,  4610.  All  penalties  and  forfeitures  imposed  by  this  Title,  for  the 
recovery  whereof  no  specific  mode  is  hereinbefore  provided,  may  be  re- 
covered, with  costs,  in  any  circuit  court  of  the  United  States,  at  the 
suit  of  any  district  attorney  of  the  United  States,  or  at  the  suit  of  any 
person  by  information  to  any  district  attorney  in  any  port  of  the  United 
States,  where  or  near  to  where  the  offense  is  committed  or  the  offender 
is  found;  and  if  a  conviction  is  had,  and  the  sum  imposed  as  a  penalty 
by  the  court  is  not  paid  either  immediately  after  the  conviction,  or 
within  such  period  as  the  court  at  the  time  of  the  conviction  appoints, 
it  shall  be  lawful  for  the  court  to  commit  the  offender  to  prison,  there 
to  be  imprisoned  for  the  term  hereinbefore  provided  in  case  of  such  of- 
fense, the  commitment  to  be  terminable  ujion  payment  of  the  amount 
and  costs ;  and  all  penalties  and  forfeitures  mentioned  in  this  Title  for 
which  no  special  application  is  provided,  shall,  when  recovered,  be  i)aid 
and  applied  in  manner  following:  So  much  as  the  court  shall  determine,* 
and  the  residue  shall  be  paid  to  the  court  and  be  remitted  from  time  to 
time,  by  order  of  the  judge,  to  the  Treasury  of  the  United  States,  and 
appropriated  as  provided  for  in  section  forty-five  hundred  and>forty-five : 

*  In  the  bill  (H.  R.  2044)  to  authorize  the  appointmeut  of  shipping  commissionei-s,  as 
reported  in  the  House,  March  20,  1872,  this  clause  reads  as  follows :  "So  much  as  the 
court  shall  determine,  but  not  exceeding  one-half,  shall  be  paid  to  the  informer  or 
person  upon  whose  discovery  and  information  the  same  shall  be  recovered,  and  the 
residue  shall  be  paid,"  &c. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  197 

Provided  ahciiys,  That  it  shall  be  lawful  for  the  court  before  wbich  any 
proceeding  shall  be  instituted  for  the  recovery  of  any  pecuniary  penalty' 
imposed  by  this  act,  to  mitigate  or  reduce  such  i)enalty  as  to  such  court 
shall  ai)pear  just  and  reasonable;  but  no  such  penalty  shall  be  reduced 
to  less  than  one  third  of  its  original  amount:  Frovided  ulso^  That  all 
proceedings  so  to  be  instituted  shall  be  commenced  within  two  years 
next  after  the  commission  of  the  offense,  if  the  same  shall  have  been 
committed  at  or  beyond  the  Cape  of  Good  Hope  or  Cape  Horn,  or  within 
cue  year  if  committed  elsewhere,  or  within  two  mouths  after  the  return 
of  tile  offender  and  the  complaining  party  to  the  United  States ;  and 
there  shall  be  no  appeal  from  any  decision  of  any  of  the  circuit  courts, 
unless  the  amount  sued  for  exceeds  the  sum  of  five  hundred  dollars. 

SEC.4G1I.  Flogging  on  board  vessels  of  commerce  is  hereby  abolished. 

Sec.  4612.  In  the  construction  of  this  Title,  every  person  having  the 
command  of  any  vessel  belonging  to  auj^  citizen  of  the  United  States 
shall  be  deemed  to  be  the  "  master"  thereof ;  and  every  person  (appren- 
tices excepted)  who  shall  be  employed  or  engaged  to  serve  in  any  ca- 
pacity on  board  the  same  shall  be  deemed  and  taken  to  be  a  "  seaman  ;'^ 
and  the  term  "vessel"  shall  be  understood  to  comprehend  every  de- 
scription of  vessel  navigating  on  any  sea  or  channel,  lake  or  river,  to 
which  the  provisions  of  this  Title  may  be  applicable,  and  the  term 
"owner"  shall  be  taken  and  understood  to  comprehend  all  the  several 
persons,  if  more  than  one,  to  whom  the  vessel  shall  belong. 

SCHEDULE. 

Table  A. 

FORM  OF  articles   OF   AGREEMENT. 

United  States  of  America. 

(Date  and  place  of  first  signature  of  agreement,  including  name  of 
shipping-of&ce.) 

It  is  agreed  between  the  master  and  seamen  or  mariners  of  the 

,  of  which • is  at  present  master,  or  whoever  shall  go 

for  master,  now  bound  from  the  port  of , ,  to , j 

(here  the  voyage  is  to  be  described,  and  the  places  named  at  which  the 
vessel  is  to  touch,  or  if  that  cannot  be  done,  the  general  nature  and 
probable  length  of  the  voyage  is  to  be  stated.) 

And  the  said  crow  agree  to  conduct  themselves  in  an  orderly,  faithful, 
honest,  and  sober  manner,  and  to  be  at  all  times  diligent  in  their  re- 
spective duties,  and  to  be  obedient  to  the  lawful  commands  of  the  said 
nmster,  or  of  any  person  who  shall  lawfully  succeed  him,  and  of  their 
superior  officersiu  everything  relating  to  the  vessel,  and  filestores  and 
cargo  thereof,  whether  on  board,  in  boats,  or  on  shore;  and  in  consid- 
eration of  which  service,  to  be  duly  performed,  the  said  master  hereby 
agrees  to  i)ay  the  said  crew,  as  wages,  the  sums  against  their  names 
respectively  exi)ressed,  and  to  supply  them  with  jirovisions  according 
to  the  annexed  scale.  And  it  is  hereby  agreed  that  any  embezzlement, 
or  willful  or  negligent  <lestruction  of  any  [)art  of  the  vessel's  cargo  or 
stores,  shall  be  made  good  to  the  owner  out  of  the  wages  of  the  person 
guifllty  of  the  same  ;  and  if  any  person  enters  himself  as  qualified  for 
a  duty  which  he  proves  himself  incoMii)etent  to  perforui,  his  wages  shall 
be  reduced  in  proportion  to  his  incom[)cten('y.  And  it  is  also  agreed 
that  if  any  member  of  the  crew  considers  hiuiself  to  be  aggrieved  by  any 
breach  of  the  agreement  or  otherwise,  he  shall  represent  the  same  to 


198 


NAVIGATION  LAWS  OF  THE  UNITED  STATES. 


the  master  or  officer  iu  charge  of  the  vessel,  in  a  quiet  and  orderly 
manner,  who  shall  thereupon  take  such  steps  as  the  case  may  require. 
And  it  is  also  agreed  that  (here  any  other  stipuhxtions  may  be  inserted  to 
which  the  parties  agree,  and  which  are  not  contrary-  to  law). 

In  witness  whereof  the'  said  parties  have  subscribed  their  names 
liereto,  on  the  days  against  their  respective  signatures  mentioned. 

Signed  by ,  master,  on  the day  of ,  eighteen 

hundred  and . 


Height. 

Descrip- 
tion. 

a 

> 

Time  of 
service. 

a 

5 

.2 

li 

i 

1 

i 
■p. 

1 

1 

1 
1 

•1 

1 

a 
t 

p. 

1 

i 

•< 

i . 
fi 

o 
+= 

< 

99 

§ 

1 

>•- 

1 

1 

.1 

1 

n 

a 

1 
1 
1 

.S  3" 

1 

.3 

j^OTE. — In  the  place  for  signatures  and  descriptions  of  men  engaged 
;after  the  first  departure  of  the  ship,  the  entries  are  to  be  made  as  above, 
-except  that  the  signatures  of  the  consul  or  vice-consul,  officer  of  cus- 
toms, or  witness  before  whom  the  man  is  engaged,  is  to  be  substituted 
for  that  of  the  shipping-master. 

ACCOUNT  OF  APPRENTICES  ON  BOAED, 


Christian  and  sur- 
name of  appren- 
tice in  full. 


Date    of    registry 
of  indenture. 


Port  at  which  in- 
denture was  reg- 
istered. 


Port  at  which  as- 

„„  jv  „,„„.         '    .sign ment was reg- 
asMgnment.        j     .^-^^,^^_  S 


Date  of  register  of  1 


SCALE  OF  PROVISIONS  TO  BE  ALLOWED  AND  SERVED  OUT  TO  THE  CREW 
DURING  THE  VOYAGE. 


» 


,  Lbs.\  Lbs. 

Sunday 1  ,      1^ 

Monday 1    

Tuesday 1         IJ 

Wedne.sday 1   , 

Thuisdav.' ...!  1  i      li 

Friday [        1   ' 

Saturday i  1;       IJ 


Lbs. 


Lbs.l  Fts. 

.A:i 


Ozs. 

k 


ii 

O 

m 

Ozs. 

Ozs. 

i 

2 

h 

2 

h 

2  ! 

4 

2 

1       * 

2 

^ 

2 

i       * 

2 

qts.^ 


(Here  any  stipulation  for  changes,  or  substitution  of  one  article  for 
-another,  may  be  inserted.) 


NAVIGATION    LAWS    OF    THE    UNITED    STATES. 


199 


SUBSTITUTES. 

One  ounce  of  coffee,  or  cocoa,  or  chocolate,  may  be  substituted  for 
one  quarter  ounce  of  tea;  molasses  for  sugar,  the  quantity  to  be  one- 
half  more:  one  pound  of  potatoes  or  yams,  one-half  pound  flour  or  rice  ; 
ojue-third  pint  of  pease  or  one-quarter  i>int  of  barley  may  be  substituted 
fo]r  each  other.  When  fresh  meat  is  issued,  the  proportion  to  be  two 
pojuuds  per  man  per  day,  in  lieu  of  salt  meat.  Flour,  rice,  aud  pease, 
bejef  and  pork,  nuiy  be  substituted  for  each  other,  and,  for  potatoes, 
oujious  uu\y  be  bubstituted. 

Table  B. 

certificate  of  discharge. 


a 

a 

1 

1 

geor 

-Sis 

a 

;  >> 

ll 

a 

"2 

a 

i 

¥ 

1 

•r 

a 

1' 

5 
% 

2 

o 

i 

li 

1« 

1 

1 

■■s 

1 
1 

1 

^ 

:    S. 

H 

a 

^ 

^ 

« 

o 

Q 

^ 

a 

^ 

^ 

j 
1 
1 

^ 

i 

1 
1 

I  certify  that  the  above  particulars  are  correct,  aud  that  the  above- 
named  seamau  was  discharged  accordingly. 

Bated day  of ,  eighteen  hundred  aud . 

(Signed)  ,  Master. 

(Couutersigued) ,  Seaman. 

Given  to  the  above-uamed  seaman  in   my  presence  this day  of 

,  eighteen  hundred  aud . 

(Sigued)  .— 7-— .-' 

Shipping-Commissioner. 

Table  C. 

fees,  (seamen.) 

Fee  ])ayable  on  engaging  crew,  for  each  member  of  the  crew, 
(except  apprentices) -"^2  00 

Fee  payable  on  discharging  crew,  for  each  member  of  crew  dis- 
ch  arged ^^ 


Table  D.      . 

FEES,  (APPRENTICES.) 

For  each  boy  apprenticed  to  the  merchant  service,  including 
the  indenture $5  00 


200       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

Table  E. 
deduction  from  wages  of  seamen. 

In  ]>artial  repayment  of  tbe  fees  payable  in  Table  G,  in  respect  of 
engagements,  from  the  wages  of  each  member  of  the  crew,  twenty-five 
cents. 

Ill  respect  of  discharges,  from  the  wages  of  each  member  of  the  crew, 
twenty-five  cents. 


Chap.  260. — An  act  iu  refereuce  to  the  operations  of  the  shipping  commissioners'  act, 
approved  June  seventh  eighteen  hundred  and  seventy-two. 

Be  it  enacted  by  the  Senate  and  House  of  Eepresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  none  of  the  provisions  of 
an  act  entitled  "An  act  to  authorize  the  appointment  of  shipping  com- 
missioners by  the  several  circuit  courts  of  the  United  States  to  super- 
intend the  shipping  and  discharge  of  seamen  engaged  in  merchant 
ships  belonging  to  the  United  States,  and  for  the  further  jirotection  of 
seamen"  shall  apply  to  sail  or  steam  vessels  engaged  in  the  coastwise 
trade,  except  tlie  coastwise  trade  between  the  Atlantic  and  Pacific 
coasts,  or  in  the  lake-going  trade  touching  at  foreign  ports  or  other- 
wise, or  in  the  trade  between  the  United  States  and  the  British  North 
American  possessions,  or  in  any  case  where  the  seamen  are  by  custom 
or  agreement  entitled  to  participate  in  the  profits  or  result  of  a  cruise, 
or  voyage. 

Approved,  June  9,  1874. 


MERCHANT   SEAMEN. 

(Act  of  J  line  26,  1834.) 

Sec.  2.  That  section  forty -five  hundred  and  eighty  of  the  Revised 
Statutes  be  amended  so  as  to  read  as  follows : 

"Sec.  4580.  Upon  the  application  of  the  master  of  any  vessel  to  a 
consular  officer  to  discharge  a  seaman,  or  upon  the  application  of  any 
seaman  for  his  own  discharge,  if  it  appears  to  such  officer  that  said  sea- 
man has  completed  his  shipping  agreement,  or  is  entitled  to  his  dis- 
charge under  any  act  of  Congress  or  according  to  the  general  princi- 
ples or  usages  of  maritime  law  as  recognized  in  the  United  States,  such 
officer  shall  discharge  said  seaman,  and  require  from  the  master  of  said 
vessel,  before  such  discharge  shall  be  made,  payment  of  the  wages 
which  may  then  be  due  said  seaman  ;  but  no  payment  of  extra  wages 
shall  be  required  by  any  consular  officer  upon  such  discharge  of  any 
seaman  except  as  provided  in  this  act." 

Sec.  3.  That  section  forty-five  hundred  and  eighty-three  of  the  Ee- 
vised  Statutes  be  amended' so  as  to  read  as  follows  : 

"  Sec.  4583.  Whenever  on  the  discharge  of  a  seaman  in  a  foreign  coun- 
try, on  his  complaint  that  the  voyage  is  continued  contrary  to  agree- 
ment, the  consular  officer  shall  be  satisfied  that  such  voyage  has  been 
designedly  and  unnecessarily  prolonged  in  violation  of  the  articles  of 
shipment,  or  whenever  a  seaman  is  discharged  by  a  consular  officer  iu 
consequence  of  any  hurt  or  injury  received  in  the  service  of  the  vessel, 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  201 

such  consular  officer  shall  require  the  payment  by  tiie  master  of  one 
month's  wages  for  such  seaman  over  and  above  the  wa^es  due  at  the 
time  of  discharge." 

Sec.  4.  That  section  forty-five  hundred  and  sixty-one  of  the  Revised 
Statutes  be  amended  so  as  to  read  as  follows: 

"Sec.  4r)Gl.  Tbe  inspectors  in  their  report  shall  also  state  whether, 
in  their  opinion,  the  vessel  was  sent  to  sea  unsuitably  provided  in  any 
important  or  essential  i)articular,  by  neglect  or  design,  or  through  mis- 
take or  accident ;  and  in  case  it  was  by  neglect  or  design,  and  the  con- 
sular officer  approves  of  such  finding,  he  shall  discharge  such  of  the 
crew  as  request  it,  and  shall  require  the  payment  by  the  master  of  one 
month's  wages  for  each  seaman  over  and  above  the  wages  then  due. 
But  if,  in  the  opinion  of  the  inspectors,  the  defects  or  deficiencies  found 
to  exist  have  been  the  result  of  mistake  or  accident,  and  could  not,  in 
the  exercise  of  ordinary  care,  have  been  known  and  provided  against 
before  the  sailing  of  the  vessel,  and  the  master  shall,  in  a  reasonable 
time,  remove  or  remedy  the  causes  of  complaint,  then  the  crew  shall  re- 
main and  discharge  their  duty." 

Sec.  5.  That  section  forty-five  hundred  and  eighty-two  of  the  Revised 
Statutes  be  amended  so  as  to  read  as  follows : 

''  Sec.  4582.  Whenever  a  vessel  of  the  United  States  is  sold  in  a  for- 
eign country,  and  her  company  discharged,  it  shall  be  the  duty  of  the 
master  to  produce  to  the  consular  officer  the  certified  list  of  his  ship's 
company,  and  also  the  shipping  articles,  and  to  pay  to  said  consular  offi- 
cer for  every  seaman  so  discharged  one  month's  wages  over  and  above 
the  wages  which  may  then  be  due  to  such  seaman  ;  but  in  case  the  mas- 
ter of  the  vessel  so  sold  shall,  with  the  assent  of  said  seaman,  provide 
him  with  adequate  employment  on  board  some  other  vessel  bound  to 
the  port  at  which  he  was  originally  shipped,  or  to  such  other  port  as 
may  be  agreed  upon  by  him,  then  no  payment  of  extra  wages  shall  be 
required." 

Sec.  6.  That  section  forty- six  hundred  of  the  Revised  Statutes  be 
amended  so  as  to  read  as  follows  : 

"Sec.  4G00.  It  shall  be  the  duty  of  consular  officers  to  reclaim  de- 
serters and  discountenance  insubordination  by  every  means  within  their 
power,  and  where  the  local  authorities  can  be  usefully  employed  for 
that  purpose,  to  lend  their  aid  and  use  their  exertions  to  that  end  in 
the  most  effectual  manner.  In  all  cases  where  deserters  are  appre- 
hended the  consular  officer  shall  inquire  into  the  facts  ;  and  if  he  is  sat- 
isfied that  the  desertion  was  caused  by  unusual  or  cruel  treatment,  he 
shall  discharge  the  seaman,  and  require  the  master  of  the  vessel  from 
which  such  seaman  is  discharged  to  pay  one  month's  wages  over  and 
above  the  wages  then  due;  and  the  officer  discharging  such  seaman 
shall  enter  upon  the  crew-list  and  shi])ping  articles  the  cause  of  dis- 
charge, and  the  particulars  in  which  the  ciuelty  or  unusual  treatment 
consisted,  and  the  facts  as  to  his  discharge  or  re-engagement,  as  the 
case  may  be,  and  subscribe  his  name  thereto  officially." 

Sec.  7.  That  section  forty-five  hundred  and  eighty-one  of  the  Revised 
Statutes  be  amended  so  as  to  read  as  follows: 

"  Sec.  4581.  If  any  consular  officer,  when  discharging  any  seaman, 
shall  neglect  to  require  the  i)ayment  of  aiul  collect  the  arrears  of  wages 
and  extra  wages  required  to  be  paid  in  the  case  of  the  discharge  of  any 
seaman,  he  sliall  be  accountable  to  the  United  States  to  the  full  amount 
thereof.  If  any  seaman,  after  his  discharge,  shall  have  incurred  any 
expense  for  board  or  other  necessaries  at  the  place  of  his  discharge,  be- 
fore shipping  again,  or  for  transportation  to  the  United  States,  such 


202       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

expeuse  shall  be  paid  out  of  the  arrears  ot  wages  and  extra  wages  re- 
ceived bv  the  consular  officer,  which  shall  be  retained  for  that  purpose 
and  the  balance  only  paid  over  to  such  seamen." 

Sec.  8.  That  section  forty-five  hundred  and  eighty-four  of  the  Revised 
Statutes  be  hereby  repealed. 

Sec.  0.  That  section  forry-five  hundred  and  seventy  eight  of  the  Re- 
vised Statutes  be  amended  so  as  to  read  as  follows : 

"Sec.  4578.  All  masters  of  vessels  of  the  United  States,  and  bound 
to  some  port  of  the  same,  are  required  to  take  such  destitute  seamen  on 
board  their  vessels,  at  the  request  of  consular  officers,  and  to  transport 
them  to  the  port  in  the  United  States  to  which  such  vessel  may  be 
bound,  on  such  terms,  not  exceeding  ten  dollars  for  each  person  for 
voyages  of  not  more  than  thirty  days,  and  not  exceeding  twenty  dol- 
lars for  each  person  for  longer  voyages,  as  may  be  agreed  between  the 
master  and  the  consular  officer ;  and  said  consular  officer  shall  issue 
certificates  for  such  transportation,  which  certiticates  shall  be  assigna- 
ble for  collection.  If  any  such  destitute  seaman  is  so  disabled  or  ill  as 
to  be  unable  to  perform  duty,  the  consular  officer  shall  so  certify  in  the 
certificate  of  transportation,  and  such  additional  compensation  shall  be 
paid  as  tlie  First  Comptroller  of  the  Treasury  shall  deem  proper.  Every 
such  master  who  refuses  to  receive  and  transport  such  seamen  on  the 
request  or  order  of  such  consular  officer  shall  be  liable  to  the  United 
States  in  a  i)enalty  of  one  hundred  dollars  for  each  seaman  so  refused. 
The  certificate  of  any  such  consular  officer,  given  under  his  hand  and 
official  seal,  shall  be  presumptive  evidence  of  such  refusal  in  any  court 
of  law  having  jurisdiction  for  the  recovery  of  the  penalty.  No  master  of 
any  vessel  shall,  however,  be  obliged  to  take  a  greater  number  than 
one  man  to  every  one  hundred  tons  burden  of  the  vessel  on  any  one 
voyage." 

"  Sec.  10.  That  it  shall  be,  and  is  hereby,  made  unlawful  in  any  case 
to  pay  any  seaman  wages  before  leaving  the  port  at  which  such  seaman 
may  be  engaged  in  advance  of  the  time  when  he  has  actually  earned  the 
same,  or  to  pay  such  advance  wages  to  any  other  person,  or  to  pay  any 
person,  other  than  an  officer  authorized  by  act  of  Congress  to  collect 
fees  for  such  service,  any  remuneration  for  the  shipment  of  seamen. 
Any  person  paying  such  advance  wages  or  such  remuneration  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be  pun- 
ished by  a  tine  not  less  than  four  times  the  amount  of  the  wages  so  ad- 
vanced or  remuneration  so  paid,  and  may  be  also  imprisoned  for  a  period 
not  exceeding  six  months,  at  the  discretion  of  the  court.  The  payment 
of  such  advance  wages  or  remuneration  shall  in  no  case,  except  as  herein 
provided,  absolve  the  vessel,  or  the  master  or  owner  thereof,  from  full 
payment  of  wages  after  the  same  shall  have  been  actually  earned,  and 
shall  be  no  defense  to  a  libel,  suit,  or  action  for  the  recovery  of  such 
wages:  Provided^  That  this  section  shall  not  apply  to  whaling- vessels: 
And  provided  further,  That  it  shall  be  lawful  for  any  seaman  to  stipu- 
late in  his  shipping  agreement  for  an  allotment  of  any  i)ortion  of  the 
wages  which  he  may  earn  to  his  wife,  mother,  or  other  relative,  but  to 
no  other  person  or  corporation.  And  any  person  who  shall  falsely  claim 
such  relationship  to  any  seaman  in  order  to  obtain  wages  so  allotted 
shall,  for  every  such  oftense,  be  punishable  by  a  fine  of  not  exceeding 
five  hundred  dollars,  oi  imprisonment  not  exceeding  six  months,  at  the 
discretion  of  the  court.  This  section  shall  apply  as  well  to  foreign  ves- 
sels as  to  vessels  of  the  United  States ;  and  any  foreign  vessel  the  mas- 
ter, owner,  consignee,  or  agent  of  which  has  violated  this  section,  or  in- 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       203 

duced  or  connived  at  its  violation,  shall  be  refused  a  clearance  from  any 
port  of  the  United  States. 

Skc.  11.  That  every  vessel  mentioned  in  section  forty-five  hundred 
and  sixty-nine  of  the  Revised  Statutes  shall  also  be  provided  with  a 
slop  chest,  which  shall  contain  a  coiupleinent  of  clothing  for  the  intended 
voyage  for  each  seaman  employed,  including  boots  or  shoes,  hats  or 
caps,  under  clothing  an<l  outer  clothing,  oiled  clothing,  and  everything 
necessary  for  the  wear  of  a  seaman  ;  also  a  full  supply  of  tobacco  and 
blankets.  Any  of  the  contents  of  the  sloi)-chest  shall  be  sold,  from 
time  to  time,  to  any  or  every  seaman  applying  therefor,  for  his  own 
use,  at  a  ])rofit  not  exceeding  ten  per  centum  of  the  reasonable  wholesale 
value  of  the  same  at  the  port  at  which  the  voyage  commenced.  And  if 
any  such  vessel  is  not  i)rovided,  before  sailing,  as  herein  required,  the 
owner  shall  be  liable  to  a  penalty  of  not  more  than  five  hundred  dol- 
lars. The  provisions  of  this  section  shall  not  apply  to  vessels  plying 
between  the  United  States  and  the  Douiinion  of  Canada,  Newfound- 
land, the  Bermuda  Islatuls,  the  Bahaiua  Islands  the  West  Indies, 
Mexico  and  Central  America. 

Sec.  12.  That  on  and  after  July  first,  eighteen  hundred  and  eighty- 
four,  no  fees  named  in  the  taritt"of  consular  fees  i)rescribed  by  order  of 
the  President  shall  be  charged  or  collected  by  consular  officers  for  the 
official  services  to  American  vessels  and  seamen.  Consular  officers  shall 
furnish  the  master  of  every  sucii  vessel  with  an  itemized  statement  of 
such  services  performed  on  account  of  said  vessel,  with  the  fee  so  pre- 
scribed for  each  service,  and  make  a  detailed  report  to  the  Secretary  of 
the  Treasury  of  such  services  and  fees,  under  such  regulations  as  the 
Secretary  of  State  may  prescribe;  and  the  Secretary  of  the  Treasury 
shall  allow  consular  officers  who  are  i)aid  in  whole  or  in  part  by  fees 
such  con)])ensation  for  said  services  as  they  would  have  received  prior 
to  the  passage  of  this  act:  Provided,  That  such  services,  in  the  opinion 
of  the  Secretary  of  The  Treasury  have  been  necessarily  rendered  ;  and 
a  sum  sufficient  for  the  payment  of  such  compensation,  when  thus  ad- 
justed by  the  Secretary  of  the  Treasury,  is  hereby  appropriated  out  of 
any  money  in  the  Treasury  not  otherwise  appropriated. 

Sec.  13.  That  section  foitytwo  hundred  and  thirteen  of  the  Revised 
Statutes  be  amended  so  as  to  read  as  follows: 

'•Sec.  4213.  It  shall  be  the  duty  of  all  masters  of  vessels  for  whom 
any  official  services  shall  be  ]jerformed  by  any  consular  officer,  without 
thi'i  payment  of  a  fee,  to  require  a  written  statement  of  such  services 
from  such  consular  officer,  and,  after  certifying  as  to  whether  such  state- 
ment is  correct,  to  furnish  it  to  the  collector  of  the  district  in  which 
such  vessels  shall  first  arrive  on  their  return  to  the  United  States;  and 
if  any  such  master  of  a  vessel  shall  fail  to  furnisli  such  statement,  he 
shallbe  liable  to  a  fine  of  not  exceeding  fifty  dollars,  unless  such  master 
shall  state  under  oath  that  no  such  statement  was  furnished  hiuj  by 
said  consular  officer.  And  it  shall  be  the  duty  of  every  collector  to 
forward  to  the  Secretary  of  the  Treasury  all  such  statements  as  shall 
have  been  furnished  to  him,  and  also  a  statement  of  all  certified  in- 
voices which  shall  have  come  to  his  ofiice,  giving  the  dates  of  the  certifi- 
cates, an<l  the  names  of  the  persons  for  whom  and  of  the  consular  offi- 
cer by  whom  the  same  were  certified." 

Sec.  1!>.  That  a  master  of  a  vessel  in  the  foreign  trade  may  engage  a 
seaman  at  any  port  in  the  United  States,  in  the  manner  provided  by 
law,  to  serve  on  a  voyage  to  any  port,  or  for  the  round  trip  from  and  to 
the  i)ort  of  departure,  or  for  a  definite  time,  whatever  the  destination. 
The  master  of  a  vessel  making  regular  and  stated  trips  between  the 


204  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

CJuited  States  and  a  foreign  country  may  engage  a  seaman  for  one  or 
more  round  trips,  or  for  a  definite  time,  or  on  the  return  of  said  vessel 
to  the  United  States  may  reship  such  seaman  for  another  voyage  in  the 
same  vessel,  in  the  manner  ])rovided  by  law,  witliout  the  i)ayment  of 
additional  fees  to  any  ofTicer  for  such  reshipnient  or  re- engagement. 

Sec.  20.  That  every  master  of  a  vessel  in  the  foreign  trade  may  en- 
gage any  seaman  at  any  port  out  of  the  United  States,  in  the  manner 
provided  by  law,  to  serve  for  one  or  more  round  trips  from  and  to  the 
port  of  departure,  or  for  a  detinite  time,  whatever  the  destination  ;  and 
the  master  of  a  vessel  clearing  from  a  port  of  the  United  States  with 
one  or  more  seamen  engaged  in  a  foreign  port  as  herein  provided  shall 
not  be  required  to  reship  in  a  port  of  the  United  States  the  seamen  so 
engaged,  or  to  give  bond,  as  required  by  section  forty-five  hundred  and 
seventy-six  of  the  Eevised  Statutes,  to  produce  said  seamen  before  a 
boarding  officer  on  the  return  of  said  vessel  to  the  United  States. 


SHIPPING   COMMISSIONERS. 

(Act  of  June  26,  1884.) 

Sec.  27.  That  section  forty-five  hundred  and  one  of  the  Revised  Stat- 
utes is  hereby  amended  so  as  to  read  as  follows : 

"  Sec.  4501.  The  Secretary  of  the  Treasury  shall  appoint  a  commis- 
sioner for  each  port  of  entry,  which  is  also  a  port  of  ocean  navigation, 
and  which,  in  his  judgment,  may  require  the  same;  such  commissioner 
to  be  termed  a  shipping  commissioner,  and  may,  from  time  to  time,  re- 
move from  office  any  such  commissioner  whom  he  may  have  reason  to 
believe  does  not  properly  perform  his  duty,  and  shall  then  provide  for 
the  proper  performance  of  his  duties  until  another  person  is  duly  ap- 
pointed in  his  place:  Provided,  Th^t  Shipping  Commissioners  now  in 
office  shall  continue  to  perform  the  duties  thereof  nntil  others  shall  be 
appointed  in  their  places.  Shipping  Commissioners  shall  monthly  ren- 
der a  full,  exact,  and  itemized  account  of  their  receipts  and  expenditures 
to  the  Secretary  of  the  Treasury,  who  shall  determine  their  compensa- 
tion, and  shall  from  time  to  time  determine  the  number  and  compensa- 
tion of  the  clerks  appointed  by  such  commissioner,  with  the  approval 
of  the  Secretary  of  the  Treasury,  subject  to  the  limitations  now  fixed 
by  law.  The  Secretary  of  the  Treasury  shall  regulate  the  mode  of  con- 
ducting business  in  the  shipping  offices  to  be  established  by  the  ship- 
ping commissioners  as  hereinafter  provided,  and  shall  have  full  and 
complete  control  over  the  same,  subject  to  the  provisions  herein  con- 
tained ;  and  all  expenditures  by  shipping  commissioners  shall  be 
audited  and  adjusted  in  the  Treasury  Department  in  the  mode  and 
manner  provided  for  expenditures  in  the  collection  of  customs.  All 
fees  of  Shipping  Commissioners  shall  be  paid  into  the  Treasury  of  the 
United  States  and  shall  constitute  a  fund  which  shall  be  used  under 
the  dire(;tion  of  the  Secretary  of  the  Treasury  to  pay  the  compensation 
of  said  Commissioners  and  tlieir  clerks  and  such  other  expenses  as  he 
may  find  necessary  to  ensure  the  proper  administration  of  their  duties. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  205 

SHIPMENT   OF   SEAMEN   IN    THE    COASTING   TKADE. 
(Act  of  June  19,  1886.) 

Sec.  2.  That  sliipping  conimissionors  may  ship  aiifl  discbai-oe  crews 
for  any  vessel  enoaoed  in  the  coastwise  trade,  or  the  trade  between 
the  United  States  and  tlie  Dominion  of  Canada,  or  Newfonndland,  or 
the  West  Indies,  or  the  Kepnblic  of  Mexico,  at  the  request  of  the  mas- 
ter or  owner  of  such  vessel,  the  shipping  and  discharging  fees  in  such 
cases  to  be  one-half  that  prescribed  by  section  forty-six  hundred  and 
twelve  of  the  Revised  Statutes,  for  the  purpose  of  determining  the  com- 
pensation of  shii)ping  commissioners. 

Sec.  3.  That  section  ten  of  the  act  entitled  "Au  act  to  remove  cer- 
tain burdens  on  the  American  mercbaDt  marine  and  encourage  the 
American  foreign  carrying  trade,  and  for  other  purposes,"  approved 
June  twenty-sixth,  eighteen  hundred  and  eighty-four,  be  amended  by 
striking  out  the  words  "  That  it  shall  be  lawful  for  any  seaman  to  stip- 
ulate in  his  shipping  agreement  for  an  allotment  of  any  portion  of  the 
wages  which  he  may  earn  to  his  wife,  mother,  or  other  relative,  but  to 
no  other  person  or  corporation,"  and  inserting  in  lieu  thereof  the  fol- 
lowing: "That  it  shall  be  lawful  for  any  seaman  to  stipulate  in  his 
shipping  agreement  for  an  allotment  of  all  or  any  portion  of  the  wages 
which  he  may  earn  to  his  wife,  mother,  or  other  relative,  or  to  an 
original  creditor  in  liquidation  of  any  just  debt  for  board  or  clothing 
which  he  may  have  contracted  prior  to  engagement,  not  exceeding  ten 
dollars  per  month  for  each  month  of  the  time  usually  required  for  the 
voyage  for  which  the  seaman  has  shipped,  under  such  regulations  as 
the  Secretary  of  the  Treasury  may  prescribe,  but  no  allotment  to  any 
other  person  or  corporation  shall  be  lawful."  And  said  section  ten  is 
further  amended  by  striking  out  all  of  the  last  paragraph  after  the 
words  "  vessels  of  the  United  States,"  and  inserting  in  lieu  of  such 
words  stricken  out  the  following  :  "And  any  master,  owner,  consignee, 
or  agent  of  any  foreign  vessel  who  has  violated  this  section  shall  be 
liable  to  the  saine  penalty  that  the  master,  owner,  or  agent  of  a  vessel 
of  the  United  States  would  be  for  a  similar  violation." 


TRANSPORTATION   OF   DESTITUTE   AMERICAN   SEAMEN. 

Sec.  18.  Section  nine  of  "  Au  act  to  remove  certain  buidens  on  the 
American  merchant  marine  and  encourage  the  American  foreign-carry- 
ing trade,  and  for  other  purposes,"  approved  June  26,  1884,  is  hereby 
amended  in  the  eighth  line  by  inserting  after  the  words  "and  a  con- 
sular otticer"  the  following:  "  When  the  transportation  is  by  a  sailing 
vessel;  and  the  regular  steerage-passenger  rate,  not  to  exceed  two  cents 
per  mile,  when  the  transportation  is  by  steamer."  And  the  said  section 
is  further  amended  by  adding  at  the  end  the  following:  "  or  to  take  any 
seaman  having  a  contagious  disease."     (Act  of  June  19,  188G.) 

Note.— Allotnipnts  to  oriffinal  creditors,  under  section  3  of  the  act,  on  account  of 
food  or  clothing  owed  for  by  the  seaman  at  the  time  of  his  engagement,  cannot  be 
made  to  exceed  ten  dollars  jier  month  for  the  time  usually  reciuired  for  the  voyage  for 
■which  he  has  shipped.  The  allotment  must  be  specilied  in  ihe  shipping  agreement, 
the  amount  thereof  per  month  and  the  number  of  months  for  which  it  is  to  be  paid 
being  expressly  stipulated.     To  render  such  allotments  uniform,  it  is  directed  that 


206 


NAVIGATION    LAWS    OF    THE    UNITED    STATES. 


they  shall  not  be  allowed  for  period.s  exceedinj 
schedule,  respectively  : 


mentioned  in  the  following 


SCHEDULE   OF   VOYAGES   FOR    SAILING   VESSELS. 

[For  steam  vessels  on  foreign  voyages  the  allotment  may  be  one-half  of  the  amount 
allowed  sailing  vessels.  ] 


Number 

Allotments 

of 

or  advances 

months. 

not  to  exceed 

i 

$5 

1 

10 

34 

35 

i 

5 

\l 

12 
15 

2 

20 

4 

40 

IJ 

15 

24 

20 

3 

30 

34 

35 

14 

15 

n 

12 

3 

30 

34 

35 

4 

40 

3 

30 

3 

30 

34 

35 

1 

10 

4 

5 

Coasting  voyages,  except  between  the  Atlantic  and  Pacific  ports,  including 
voj-ages  fiom  first  coasting  district  to  Atlantic  ports  in  the  Dominion  of 
Canada. 

Voyages  between  ports  iu  second  and  third  coasting  districts  to  Atlantic  ports 
ill  the  Dominion  of  Canada. 

Between  ports  on  Pacific  and  Atlantic  coasts. 

Between  Pacific  ports  and  British  Columbia. 

Between  ports  in  first  and  third  coasting  districts  and  ports  in  Europe. 

Between  ports  in  first  and  third  coasting  distiicts  and  ports  on  the  Mediter- 
ranean east  of  Sicily,  and  Black  Sea. 

Between  ports  in  second  coasting  district  and  ports  in  Europe. 

Between  ports  on  Pacific  coast  and  ports  in  Europe. 

Between  ports  on  Pacific  coast  and  ports-in  Sandwich  Isles. 

Between  ports  on  Pacific  coast  and  ports  in  New  Zealand,  Tahiti,  Australia, 
&c. 

Between  ports  on  Pacific  coast  and  ports  in  China,  Philippine  Isles.  Java,  &c. 

Between  ports  on  Pacific  coast  and  Mauritius,  Calcutta,  and  Bombay. 

Between  ports  on  Atlantic  or  Gulf  coasts  and  North  and  West  African  ports 
down  to  and  including  Cape  of  Good  Hope  and  adjacent  islands. 

Between  ports  on  Atlantic  or  Gulf  coasts  and  West  Indies  and  Central 
America. 

Between  ports  on  Atlantic  or  Gulf  coasts  and  east  coast  of  Africa,  Mauntius, 
and  Madagascar.  . 

Between  ports  on  Atlantic  or  Gulf  coasts  and  East  Indies,  including  Singa- 
pore and  Java.  ,T„.,. 

Between  ports  on  Atlantic  or  Gulf  coasts  and  China  and  Japan  and  Philippine 

Between  ports  on  Atlantic  or  Gulf  coasts  and  Australia  and  New  Zealand. 
Between  ports  on  Atlantic  or  Gulf  coasts  and  ports  on  east  coast  of  South 

America.  ,     -.  c.     ii 

Between  ports  on  Atlantic  or  Gulf  coast.s  and  ports  on  west  coast  ot  isouth 

America,  Central  America,  and  Mexico. 
Between  ports  in  first  and  third  coasting  districts  and  Mexico. 
Between  ports  in  second  coasting  district  and  Mexico. 

{Treasury  circular  June  21,  1886.) 


FISHING    AND   WHALING  VESSELS — SLOP-CHESTS   ON. 

Sec.  13.  That  section  eleveii  of  "Au  act  to  remove  certain  burdens 
on  the  Amerioan  merchant  marine  and  encourage  the  American  foreign 
carrying-trade,  and  for  other  purposes,"  approved  June  twenty-sixth, 
eighteen  hundred  and  eighty-four,  shall  not  be  construed  to  apply  to 
vessels  engaged  in  the  whaling  or  fishing  business.  (Act  of  June  19, 
188G.) 


NATURALIZATION   OF   SEAMEN. 

(Revised  Statutes,  Title  XXX.) 

Sec.  2174.  Every  seaman,  being  a  foreigner,  who  declares  his  intention 
of  becoming  a  citizen  of  the  United  States  in  any  competent  court,  and 
shall  have  served  three  years  on  board  of  a  merchant- vessel  of  the 
United  States  subsequent  to  the  date  of  such  declaration,  may,  on  his 
application  to  any  competent  court,  and  the  production  of  his  certificate 
of  discharge  and  good  conduct  during  that  time,  together  with  the  cer- 
tificate of  his  declaration  of  intention  to  become  a  citizen,  be  admitted 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  207 

a  citizf  u  of  the  United  States ;  and  every  seaman,  being-  a  foreigner, 
sluill,  after  bis  declaration  of  intention  to  become  a  citizen  of  the  United 
States,  and  after  he  shall  have  served  such  three  years,  be  deemed  a 
citizen  of  the  United  States  for  the  purpose  of  manning  and  serving  on 
board  any  merchant-vessel  of  the  United  States,  anything  to  the  con- 
trary in  any  act  of  Congress  notwithstanding;  but  such  seaman  shall, 
for  all  purposes  of  protection  as  an  American  citizen,  be  deemed  such, 
after  the  filing  of  his  declaration  of  intention  to  become  such  citizen. 


2.— LOGBOOKS. 

(Revised  Statutes,  Title  XLVIII.) 

Sec.  4290.  Every  vessel  making  voyages  from  a  port  in  the  United 
States  to  any  foreign  port,  or  being  of  the  burden  of  seventy-five  tons, 
or  upward,  from  a  port  on  the  Atlantic  to  a  port  on  the  Pacific,  or  vice 
versa,  shall  have  an  official  log-book ;  and  every  master  of  such  vessel 
shall  make,  or  cause  to  be  made  therein,  entries  of  the  following  mat- 
ters, that  is  to  say  : 

First.  Every  legal  conviction  of  any  member  of  his  crew,  and  the 
punishment  inflicted. 

Second.  Every  oftense  committed  by  any  member  of  his  crew  for 
which  it  is  intended  to  prosecute,  or  to  enforce  a  forfeiture,  together 
with  such  statement  concerning  the  reading  over  such  entry,  and  con- 
cerning the  reply,  if  any,  made  to  the  charge,  as  is  required  by  the  pro- 
visions of  section  forty-five  hundred  and  thirty  [ninety-seven]. 

Third.  Every  oflense  for  which  punishment  is  inflicted  on  board,  and 
the  punishment  inflicted. 

Fourth.  A  statement  of  the  conduct,  character,  and  qualifications  of 
each  of  his  crew  ;  or  a  statement  that  he  declines  to  give  an  opinion  of 
such  ])articulars. 

Fifth.  Every  case  of  illness  or  injury  happening  toany  member  of  the 
crew,  with  the  nature  thereof,  and  the  medical  treatment. 

Sixth.  Every  case  of  death  happening  on  board,  with  the  cause 
thereof. 

Seventh.  Every  birth  happening  on  board,  with  the  sex  of  the  infant, 
and  the  names  of  the  jjarents. 

Eighth.  Every  marriage  taking  place  on  board,  with  the  names  and 
ages  of  the  parties. 

Ninth.  The  name  of  every  seaman  or  apprentice  who  ceases  to  be  a 
member  of  the  crew  otherwise  than  by  death,  with  the  place,  time,  man- 
ner, and  cause  thereof. 

Tenth.  The  wages  due  to  any  seaman  or  apprentice  who  dies  during 
the  voyage,  and  the  gross  amount  of  all  deductions  to  be  made  there- 
from. 

Eleventh.  The  sale  of  the  effects  of  any  seaman  or  apprentice  who 
dies  during  the  voyage,  including  a  statement  of  each  article  sold,  and 
the  sum  received  for  it. 

Sec.  4i.'9l.  Every  entry  hereby  required  to  be  made  in  the  official  log- 
book shall  be  signed  by  the  master  and  by  the  ma;e,  or  some  other  one 
of  the  crew,  and  every  entry  in  the  official  log-book  shall  be  made  as  soon 
as  possible  after  the  occurrence  to  which  it  relates,  and,  if  not  made  on  the 


208  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

same  day  as  the  occurrence  to  which  it  relates,  shall  be  made  aud  dated 
so  as  to  show  the  date  of  the  occurrence,  and  of  the  entry  respecting  it ; 
and  in  no  case  shall  any  entry  therein,  in  respect  of  any  occurrence  hap- 
pening- previously  to  the  arrival  of  the  vessel  at  her  final  port,  be  made 
more  than  twenty-four  hours  after  such  arrival. 

Sec.  4292.  If  in  any  case  the  official  log-book  is  not  kept  in  the  man- 
ner hereby  required,  or  if  any  entry  hereby  directed  to  be  made  in  any 
such  log-book  is  not  made  at  the  time  and  in  the  manner  hereby  di- 
rected, the  master  shall,  for  each  such  offense,  be  liable  to  a  penalty  of 
not  more  than  twenty-five  dollars ;  and  every  person  who  makes,  or 
procures  to  be  made,  or  assists  in  making,  any  entry  in  any  official  log- 
book in  respect  of  any  occurrence  happening  previously  to  the  arrival 
of  the  vessel  at  her  final  port  of  discharge,  more  than  twenty-four  hours 
after  such  arrival,  shall,  for  each  offense,  be  liable  to  a  penalty  of  not 
more  than  one  hundred  and  fifty  dollars. 


PART   IX. 


MISCELLANEOUS  ACTS.  AMENDMENTS,  AND  CORRECTIONS  OF  THE 
FOREGOING  LAWS. 

Explanatory  lahle. 


Section  changed. 


I  Page  of 
I  section 
changed. 


Subject. 


Amendment !  ^^g«  f 
„„f  amend- 

''^'-  ment  act. 


Act  March  2.  ]881 211 

4349,  Kevised  Statutes 52 

43R1,  Revised  Statutes 1  59 

4J90,  Kevised  Statutes    87 

4691,  Kevised  Statutes 149 

4691,  Revised  Statutes 149 

5574.  Revised  Statutes '  111 

Act  February  28, 1871 !  82 

Act  May?,  1871 50 

Section  1,  chapter  376,  Laws  of  1882 .  72 


Change  of  vessel's  name [  Jul  j'    5, 

Vessels  on  river  Mississippi...!  July  12, 

Fees Feli.  27, 

Bulkheads Julv    9, 

Charts j  June  20, 

Charts Mar.  13, 

Guano  islands I  Apr.  18,  ] 

Steam  pressure Jan.     6, " 

Fisheries Mar.    3, 

Capitation  tax June  26, 

Steam  vessels i  July    7, 

Wreck I  Mar.    3,: 

Wreck  appropriation July  31,] 


1885 

40 

1876 

210 

1876 

210 

1886 

213 

1878 

211 

1879 

211 

1874 

212 

1874 

209 

1873 

211 

1884 

212 

1882 

211 

1875 

210 

1876 

210 

AN  ACT  relating  to  the  limitation  of  steam  pressure  of  vessels  used  exclusively  for 
towing  and  carrying  freight  on  the  Mississippi  Eiver  and  its  tributaries. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  provisious  of  au  act 
entitled  "An  act  to  provide  for  the  better  security  of  life  ou  vessels  pro- 
pelled in  whole  or  in  part  by  steam,"  &c.,  approved  February  twenty- 
eight,  eighteen  hundred  and  seventy-one,  so  far  as  they  relate  to  the 
limitation  of  steam  pressure  of  steamboats,  used  exclusively  for  towing 
and  carrying  freight  on  the  Mississippi  Kiver  and  its  tributaries,  are 
hereby  so  far  modified  as  to  substitute  for  such  boats  one  hundred  and 
fifty  pounds  of  steam  pressure  in  place  of  one  hundred  and  ten  pounds, 
as  i)rovided  in  said  act  for  the  standard  pressure  upon  standard  boilers 
of  forty-two  inches  diameter,  and  of  plates  of  one-quarter  of  an  inch  iu 
thickness;  and  such  boats  may,  on  the  written  permit  of  the  supervising 
iu8i)ector  of  the  district  in  which  such  boats  shall  carry  on  their  busi- 
ness, be  permitted  to  carry  steam  above  the  standard  pressure  of  one 
hundred  and  ten  ])ounds,  but  not  exceeding  the  standard  pressure  of 
one  hundred  and  tifty  pounds  to  the  .square  inch. 

Approved,  January  G,  1874. 


AN  ACT  niakiug  appropriation  for  sundry  civil  expense-s  of  the  Government  for  the 
tiseal  year  ending  June  thirtieth,  eighteen  hundred  and  seventy-six,  and  for  other 
purposes.     [See  page  i  37.  J 

And  the  Secretary  of  the  Treasury  is  hereby  authorized,  whenever 
he  shall  deem  it  advisable,  to  acquire,  by  donation  or  purchase,  iu  be- 
H.  Mis.  391 U*  209 


210  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

half  of  the  United  States,  the  right  to  use  and  occupy  sites  for  life-saving 
or  life-boat  stations,  houses  of  refuge  and  sites  for  pier-head  beacons, 
the  establishment  of  which  has  been,  or  shall  hereafter  be,  authorized 
by  Congress. 

#  *  *  *  *  *  * 

Approved,  March  3,  1875. 


AMENDS   SECTION   4349   REVISED   STATUTES. 

Be  it  enacted  by  the  Senate  and  Rouse  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  provisions  of  sections 
forty-three  hundred  and  forty-nine,  forty-three  hundred  and  fifty,  forty- 
three  hundred  and  fifty-one,  forty-three  hundred  and  fifty-two,  forty-three 
hundred  and  fifty-three,  forty-tiiree  hundred  and  fifty-four,  forty-three 
hundred  and  filty-five,  and  forty-three  hundred  and  fifty-six  of  the  Ee- 
vised  Statutes,  requiring  the  master  of  every  vessel  licensed  to  carry 
on  the  coasting-trade,  laden  in  part  with  foreign  merchandise  or  dis- 
tilled spirits,  to  procure  a  permit  from  the  customs  officer  of  the  port  at 
which  his  vessel  was  laden,  authorizing  him  to  proceed  to  his  port  of 
destination,  and  also  to  procure  a  permit  from  the  port  of  destination 
for  the  unlading  of  his  cargo,  shall  not  be  held  to  include  vessels  en- 
gaged in  the  navigation  of  the  Mississippi  River  or  tributaries  above 
the  port  of  I^ew  Orleans. 

Approved,  July  12,  1876. 


AN  ACT  makiug  appropriations  for  aundry  civil  expenses  of  the  Government  for  the 
fiscal  year  ending  Jnne  thirtieth,  eighteen  hundred  and  seventy-seven,  and  for 
other  purposes. 

And  the  person  in  immediate  charge  of  the  Life-Saving  Service,  un- 
der the  direction  of  the  Secretary  of  the  Treasury,  shall  make  a  report 
anuuall^^  to  the  Secretary  of  the  Treasury,  showing  the  manner  in  which 
all  moneys  appropriated  for  the  maintenance  of  said  Service  shall  have 
been  ex])ended,  and  setting  forth  specifically  the  operations  of  said 
Service  during  the  year ;  and  said  report  shall  be  transmitted  to  Con- 
gress with  the  papers  accompanying  the  Annual  Finance  Eeport. 
******* 

Approved,  July  31,  1876. 


COMPENSATION  OF  SUEVEYORS. 

Where  a  surveyor  certifies  a  manifest,  or  grants  a  permit,  or  receives 
a  certified  manifest  and  grants  a  permit,  the  fees  arising  therefrom 
shall  be  received  by  him  solely  for  his  use;  and  all  other  fees  arising  by 
virtue  of  this  section  shall  be  received  and  accounted  for  by  the  collec- 
tor, or,  at  his  option,  by  the  naval  officer,  where  there  is  one,  and  where 
there  is  a  collector,  naval  officer,  and  surveyor  shall  be  equally  divided, 
monthly,  between  tbe  said  oflicers ;  and  where  there  is  no  naval  officer, 
two-thirds  to  the  collector  and  the  other  third  to  the  surveyor;  and 
where  there  is  only  a  collector  he  shall  receive  the  whole  amount 
thereof;  and  where  there  is  more  than  one  surveyor  in  any  district, 
each  of  them  shall  receive  his  proportional  part  of  such  fees  as  shall 
arise  at  the  port  for  which  he  is  appointed ;  and  in  all  cases  where  the 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  211 

toimjige  of  auy  ship  or  vessel  shall  be  ascertained  by  any  person  ay)- 
poiuted  for  that  purpose,  such  person  shall  be  paid  a  reasonable  com- 
pensation therefor  out  of  the  fees  aforesaid,  before  any  distiibution 
thereof  as  aforesaid.  (Act  of  February  27,  1877,  amending  section 
4381,  R.  S.) 


Be  it  enacted.,  &c. 

[Section  l.j 

[Par.  1.]  That  Senators,  Eepresentatives,  and  Delegates  to  the 
House  of  Kepresentatives  shall  each  be  entitled  to  not  more  than  ten 
charts  published  by  the  Coast  Survey,  for  each  regular  session  of  Con- 
gress. 

R.  S.  §  4691,  1878,  June  20,  ch.  359,  §  1,  par.  5.     [See  page  149.] 

[Par.  5.]  That  the  charts  published  \>j  the  Coast  Survey,  shall  be 
sold  at  the  office  at  Washington,  at  the  price  of  the  printing  and  paper 
thereof,  and  elsewhere  at  the  same  price  with  the  average  cost  of  deliv- 
ery added  thereto. 

And  hereafter  there  shall  be  no  free  distribution  of  such  charts 
except  to  the  Departments  of  the  United  States  and  to  the  several 
States  and  officers  of  the  United  States  requiring  them  for  public  use, 
in  accordance  with  the  act  of  June  third,  eighteen  hundred  and  forty- 
four.     (1) 

E.  S.,  §  4691,  1879,  March  3,  ch.  182  [see  page  149]. 


AN  ACT  to  authorize  the  Secretary  of  the  Treasury  to  chauge  the  name  of  vessels 
under  certain  circumstances. 

Be  it  enacted  by  the  Senate  and  Souse  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Secretary  of  the  Treas- 
ury be,  and  hereby  is,  authorized  to  permit  the  owner  or  owners  of  any 
vessel  duly  enrolled  and  found  seaworthy  and  free  from  debt  to  change 
the  name  of  the  same,  when,  in  his  opinion,  there  shall  be  sufficient 
cause  for  so  doing. 

Sec.  2.  That  the  Secretary  of  the  Treasury  shall  establish  such  rules 
and  regulations  and  procure  such  evidence  as  to  the  age,  condition^ 
where  built,  and  pecuniary  liability  of  the  vessel  as  he  may  deem  neces- 
sary to  prevent  injury  to  public  or  private  interests;  and  when  per- 
mission is  granted  by  the  Secretary,  he  shall  cause  the  order  for  the 
change  of  name  to  be  published  at  least  in  four  issues  in  some  daily 
or  weekly  paper  at  the  i)lace  of  register;  and  the  cost  of  procuring  evi- 
dence and  advertising  the  change  of  name  to  be  paid  by  the  person  or 
persons  desiring  such  change  of  name.* 


AN  ACT  to  create  a  district  for  the  inspection  of  hulls  and  boilers  of  steam-vessels. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  for  the  inspection  of  hulls 
and  boilers  of  steam-vessels  there  is  hereby  created  a  local  board  of 
inspectors  to  be  located  at  Gallipolis,  Ohio,  in  which  there  shall  be  one 
inspector  of  hulls  and  one  ins])eclor  of  boilers,  one  of  whom  shall  be 
transferred  from  the  office  of  the  local  board  of  inspectors  at  Cincinnati^ 
Ohio,  and  onefrom  the  office  of  the  local  board  ofinsppctors  nt  Whoolincr. 

"  See  act  July  5,  leW4,  page  4U.| 


212  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

West  Virginia,  each  of  whom  shall  receive  per  aunum  the  same  com- 
pensation he  may  be  receiving  at  the  time  of  the  passage  of  this  act; 
and  thereafter  in  case  of  a  vacancy  in  the  office  of  inspector  of  hulls 
or  in  the  office  of  inspector  of  boilers,  such  vacancy  shall  be  filled  in 
the  manner  provided  in  section  forty-four  hundred  and  fifteen  of  the 
Revised  Statutes. 

Approved,  July  7,  1882. 


<No.  22.)  JOINT  RESOLUTION  providing  for  the  termination  of  articles  numbered 
eighteen  to  twenty-five,  inclusive,  and  article  numbered  thirty  of  the  treaty  be- 
tween the  United  States  of  America  and  her  Britannic  Majesty,  concluded  at  Wash- 
angton  May  eighth,  eighteen  hundred  and  seventy  one. 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America  in  Congress  assembled,  That  in  the  judgment  of  Congress  the 
provisions  of  articles  numbered  eighteen  to  twenty-five,  inclusive,  and 
of  article  thirty  of  the  treaty  between  the  United  States  and  Her  Bri- 
tannic Majesty,  for  an  amicable  settlement  of  all  causes  of  difference 
between  the  two  countries,  concluded  at  Washington  on  the  eighth  day 
of  May,  anno  Domini  eighteen  hundred  and  seventy-one,  ought  to  be 
terminated  at  the  earliest  possible  time,  and  be  no  longer  in  force;  and 
to  this  end  the  President  be,  and  he  hereby  is,  directed  to  give  notice 
to  the  Government  of  Her  Britannic  Majesty  that  the  provisions  of  each 
and  every  of  the  articles  aforesaid  will  terminate  and  be  of  no  force  on 
the  expiration  of  two  years  next  after  the  time  of  giving  such  notice. 

Sec.  2.  That  the  President  be,  and  he  hereby  is,  directed  to  give  and 
communicate  to  the  Government  of  Her  Britannic  Majesty  such  notice 
of  such  termination  on  the  first  day  of  July,  anno  Domini  eighteen 
hundred  and  eighty-three,  or  as  soon  thereafter  as  may  be. 

Sec.  3.  That  on  and  after  the  expiration  of  the  two  years'  time  re- 
^juired  by  said  treaty,  each  and  every  of  said  articles  shall  be  deemed 
and  held  to  have  expired  and  be  of  no  force  and  effect,  and  that  every 
department  of  the  Government  of  the  United  States  shall  execute  the 
laws  of  the  United  States  (in  the  premises)  in  the  same  manner  and 
to  the  same  eifect  as  if  said  articles  had  never  been  in  force ;  and 
the  act  of  Congress  approved  March  first,  anno  Domini  eighteen  hun- 
dred and  seventy-three,  entitled  "  An  act  to  carry  into  effect  the  pro- 
visions of  the  treaty  between  the  United  States  and  Great  Britain, 
signed  in  the  city  of  Washington  the  eighth  day  of  May,  eighteen 
hundred  and  seventy-one,  relating  to  the  fisheries,"  ^o  far  as  it  relates  to 
the  articles  of  said  treaty  so  to  be  terminated  shall  be  and  stand 
repealed  and  be  of  no  force  on  and  after  the  time  of  the  expiration  of 
said  two  years. 

Approved,  March  3, 1883. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  section  fifty-five  hundred 
iiud  seventy-four,  title  seventy-two,  of  the  Kevised  Statutes  of  the 
United  States,  be  and  the  same  is  hereby,  further  suspended,  as  therein 
set  forth,  for  the  period  of  five  years  next  from  and  after  the  passage 
of  this  act. 

Approved,  April  18,  1884. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  215 

ABOLITION   OF   CAPITATION  TAX   ON   IMMIGRANTS  FROM    CONTIGUOUS- 
FOREIGN   TERRITORY. 

Sec.  22.  That  until  the  provisions  of  section  one,  chapter  three  hun- 
dred and  seventy-six,  of  the  laws  of  eighteen  hundred  and  eighty-two^, 
shall  be  made  applicable  to  passengers  coming  into  the  United  State*. 
by  land  carriage,  said  provisions  shall  not  apply  to  passengers  coming 
by  vessels  employed  exclusively  in  the  trade  between  the  ports  of  the- 
United  States  and  the  ports  of  the  Dominion  of  Canada  or  the  ports  ot 
Mexico.     (Act  June  2C,  1884.) 


AN  ACT  relating  to  the  licensing  of  vessels  engaged  in  towing  to  carry  persons  irt 
addition  to  their  crews. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  any  steam  vessel  engaged 
in  the  business  of  towing  vessels,  rafts,  or  water  craft  of  any  kind,  and 
not  carrying  passengers,  may  be  authorized  and  licensed  by  the  super- 
vising inspector  of  the  district  in  which  said  steamer  shall  be  employed^ 
to  carry  on  board  such  number  of  persons,  in  addition  to  its  crew,  as  the 
supervising  inspector  in  his  judgment,  shall  deem  necessary  to  carry  on 
the  legitimate  business  of  such  towing  steamers,  not  exceeding,  however, 
one  person  to  every  net  ton  of  measurement  of  said  steamer :  Provided^ 
however,  That  the  person  so  allowed  to  be  carried  shall  not  be  carried 
for  hire. 

Sec.  2.  That  every  steam-vessel  licensed  under  the  foregoing  section 
shall  carry  and  have  on  board,  in  accessible  places,  one  life-preserver 
for  every  person  allowed  to  be  carried,  in  addition  to  those  provided 
for  the  crew  of  such  vessel. 

Sec.  3.  That  steam-vessels  of  one  hundred  tons  burden  or  under,  en- 
gaged in  the  coastwise  bays  and  harbors  of  the  United  States,  may  be? 
licensed  by  the  United  States  local  inspectors  of  steam-vessels  to  carry- 
passengers  or  excursions  on  the  ocean  or  upon  the  Great  Lakes  of  the? 
North  or  Northwest,  not  exceeding  fifteen  miles  from  the  mouth  of  such} 
bays  or  harbors,  without  being  required  to  have  the  three  water-tight, 
cross-bulkheads  provided  by  section  forty  four  hundred  and  ninety  of 
the  Eevised  Statutes  for  other  passenger  steamers:  Provided,  That  itt 
the  judgment  of  the  local  inspector  such  steamers  shall  be  safe  and 
suitable  for  such  navigation  without  danger  to  human  life,  and  that  they 
shall  have  one  water-tight  collision  bulkhead  not  less  than  five  feet, 
abaft  the  stem  of  said  steamer. 
Approved  July  9,  1886. 


PART  X. 


1.  Foreign  relations. 

2.  Consular  service. 
:5.  Extradition. 

4.  Neutrality. 


1.— FOREIGN  RELATIONS. 

(Revised  Statutes,  Title  XLVII.) 


Sec.  4071.  The  testimony  of  any  witness  residing  witbin  the  United 
States,  to  be  used  in  any  suit  for  the  recovery  of  money  or  property  de- 
pendingin  any  court  in  any  foreign  country  with  which  the  United  States 
are  at  peace,  and  in  which  the  Government  of  such  foreign  country  shall 
be  a  party  or  shall  have  an  interest,  may  be  obtained,  to  be  used  in  such 
suit.  If'  a  commission  or  letters  rogatory  to  take  such  testimony, 
together  with  specific  written  interrogatories,  accompanying  the  same, 
and  addressed  to  such  witness,  shall  have  been  issued  from  the  court  in 
which  such  suit  is  pending  on  producing  the  same  before  the  district 
judge  of  any  district  where  the  witness  resides  or  shall  be  found,  and  on 
due  proof  being  made  to  such  judge  that  the  testimony  of  any  witness 
is  material  to  the  party  desiring  the  same,  such  judge  shall  issue  a 
summons  to  such  witness  requiring  him  to  appear  before  the  officer  or 
commissioner  named  in  such  commission  or  letters  rogatory,  to  testify  in 
such  suit.  *  *  *  *  *     1,  , 

Sec.  4074.  Every  witness  who  shall  so  appear  and  testify  shall  be 
allowed,  and  shall  receive  from  the  party  at  whose  instauce  he  shall 
have  been  summoned,  the  same  fees  and  mileage  as  are  allowed  to  wit- 
nesses in  suits  depending  in  the  district  courts  of  the  United  States. 

Sec.  4111.  The  President  is  authorized  to  appoint  marshals  for  such 
of  the  consular  courts  in  those  countries'^  as  he  may  think  proper,  not 
to  exceed  seven  in  number,  namely  :  one  in  Japan,  four  in  China,  one  ia 
Siam,  and  one  in  Turkey,  each  of  whom  shall  receive  a  salary  of  one 
thousand  dollars  a  year,  in  addition  to  the  fees  allowed  by  the  regula- 
tions of  the  ministers,  respectively,  in  those  countries. 

Sec.  4113.  Each  marshal,  before  entering  upon  the  duties  of  his  office, 
shall  give  bond  for  the  faithful  performance  theieof  in  a  penal  sum  not 
to  exceed  ten  thousand  dollars,  with  two  sureties  to  be  approved  by  the 
Secretary  of  State.  Such  bond  shall  be  transmitted  to  the  Secretary  of 
the  Treasury,  and  a  certified  copy  thereof  be  lodged  in  the  office  of  the 
minister. 


»  See  Acts  June  22,  lb60,  chap.  179,  sees.  1, 17, 25,  and  26;  July  28, 1866.  cbap.  296,  sec. 
11;  and  July  1,  1870,  chap.  194,  sec   1 


216  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Sec.  4114.  Whenever  any  person  desires  to  bring  suit  upon  the  bond 
of  any  such  marshal,  it  shall  be  the  duty  of  the  Secretary  of  the  Treas- 
ury, or  of  the  minister  having*  custody  of  a  copy  of  the  same,  to  give  to 
the  person  so  applying  a  certified  copy  thereof,  upon  which  suit  may  be 
brought  and  prosecuted  with  the  same  effect  as  could  be  done  upon  the 
original :  Provider^,  The  Secretary  of  the  Treasury,  or  the  minister  to 
whom  the  application  is  made,  is  satisfied  that  there  is  probable  cause 
of  action  against  the  marshal. 

Sec.  4115.  Upon  a  plea  of  non  est  factum,  verified  upou  oath,  or  any 
other  good  cause  shown,  the  court  or  the  consul  or  minister  trying  the 
cause  may  require  the  original  bond  of  the  marshal  in  those  countries  to 
be  produced;  and  it  shall  be  the  duty  of  the  Secretary  of  the  Treasury  to 
forward  the  original  bond  to  the  court,  or  consul,  or  minister  requiring 
the  same. 

Sec.  4120.  It  shall  be  the  duty  of  the  minister  in  each  of  those  coun- 
tries* to  establish  a  tariff  of  fees  for  judicial  services,  which  shall  be 
paid  by  such  parties,  and  to  such  persons,  as  the  minister  shall  direct ; 
and  the  proceeds  shall,  as  far  as  is  necessary,  be  applied  to  defray  the 
expenses  incident  to  the  execution  of  this  Title  ;  and  regular  accounts, 
both  of  receipts  and  expenditures,  shall  be  kept  by  the  minister  and 
consuls  and  transmitted  annually  to  the  Secretary  of  State. 

Sec.  412L  The  President,  when  provision  is  not  otherwise  made,  is 
authorized  to  allow,  in  the  adjustment  of  the  accounts  of  each  of  the 
ministers  or  consuls,  the  actual  expenses  of  the  rent  of  suitable  build- 
ings or  parts  of  buildings  to  be  used  as  prisons  for  American  convicts 
in  those*  countries,  not  to  exceed  in  any  case  the  rate  of  six  hundred 
dollars  a  year ;  and  also  the  wages  of  the  keepers  of  the  same,  and  for 
the  care  of  offenders,  not  to  exceed,  in  any  case,  the  sum  of  eight  hun- 
dred dollars  per  annum.  But  no  more  than  one  prison  shall  be  hired 
in  Japan,  four  in  China,  one  in  Turkey,  and  one  in  Siam,  at  such  port 
or  ports  as  the  minister,  with  the  sanction  of  the  President,  may  desig- 
nate, and  the  entire  expense  of  the  prison  and  prison-keepers  at  the  con- 
sulate of  Bangkok,  in  Siam,  shall  not  exceed  the  sum  of  one  thousand 
dollars  a  year. 

Sec.  4122.  The  President  is  authorized  to  allow,  in  the  adjustment  of 
the  accounts  of  the  consul-general  at  Shanghai,  the  actual  expense  of 
the  rent  of  a  suitable  building,  to  be  used  as  a  prison  for  American  con- 
victs in  China,  not  to  exceed  one  thousand  five  hundred  dollars  a  year; 
and  also  the  wages  of  the  keepers  of  the  same,  and  for  the  care  of  offend- 
ers, not  to  exceed  five  thousand  dollars  a  year ;  and  to  allow,  in  the  ad- 
justment of  the  accounts  of  the  consuls  at  other  ports  in  China,  the 
actual  expense  of  the  hire  of  constables  and  the  care  of  offenders,  not 
to  exceed  in  all  five  thousand  dollars  a  year. 

Sec.  4123.  The  President  is  hereby  authorized  to  allow,  in  the  adjust- 
ment of  the  accounts  of  the  consul  at  Kanagawa,  the  actual  expense  of 
the  rent  of  a  suitable  building,  to  be  used  as  a  prison  for  American  con- 
victs in  Japan,  not  to  exceed  seven  hundred  and  fifty  dollars  a  year; 
and  also  the  wages  of  the  keepers  of  the  same,  and  for  the  care  of  offend- 
ers, not  to  exceed  two  thousand  five  fiundred  dollars  a  year;  and  to 
allow  in  the  adjustment  of  the  accounts  of  the  consuls  at  other  ports  in 
Japan  the  actual  expense  of  the  hire  of  constables  and  the  care  of  of- 
fenders, not  to  exceed  in  all  two  thousand  five  hundred  dollars  a  year. 

Sec.  4124.  The  Secretary  of  State,  through  the  minister  resident  at 
Japan,  is  authorized  to  rent,  furnish,  and  keep  suitable  buildings,  with 

*See  note  to  sec.  4111. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  217 

grounds  appurtenant,  in  Jeddo,  or  such  other  phice  as  he  may  desig- 
nate, for  a  court  house  and  jail,  at  an  annual  cost  not  exceeding  five 
thousand  dollars :  Provided,  That  the  i)eriod  for  which  the  buildings 
shall  be  rented  shall  be  for  two  years,  with  renewals  for  two  years,  as 
the  Secretary  of  State  may  determine. 

Sec.  41.30.  The  word  "  minister,"  when  used  in  this  Title,  shall  be 
understood  to  mean  the  person  invested  with,  and  exercising,  the  prin- 
cipal diplomatic  functions.  The  word  "  consul"  shall  be  understood  to 
mean  any  person  invested  by  the  United  States  with,  and  exercising, 
the  functions  of  consul-general,  consul,  or  vice-consul. 


2.— CONSULAR  SERVICE.* 

DIPLOMATIC  OFFICERS. 
(Revised  Statutes,  Title  XVIII,  chap.  1.) 

Sec.  1674.  The  official  designations  employed  throughout  this  Title 
shall  be  deemed  to  have  the  following  meanings,  respectively: 

First.  "Consul  general,"  "consul,"  and  "commercial  agent,"  shall  be 
deemed  to  denote  full,  principal,  and  permanent  consular  officers,  as 
distinguished  from  subordinates  and  substitutes. 

Second.  "Deputy  consul"  and  "consular  agent"  shall  be  deemed  to 
denote  consular  officers  subordinate  to  such  ]>rincipals,  exercising  the 
powers  and  performing  the  duties  within  the  limits  of  their  consulates 
or  commercial  agencies  respectively,  the  former  at  the  same  ports  or 
places,  and  the  latter  at  ports  or  places  different  from  those  at  which 
such  priuciiials  are  located  respectively. 

Third.  "Vice-consuls"  and  "  vice-commercial  agents"  shall  be  deemed 
to  denote  consular  officers,  who  shall  be  substituted,  temporarily,  to 
fill  the  places  of  consuls-general,  consuls,  or  commercial  agents,  when 
they  shall  be  temporarily  absent  or  relieved  from  duty. 

Fourth.  "  Consular  officer  "  shall  be  deemed  to  include  consuls-general, 
consuls,  commercial  agents,  deputy  consuls,  vice  consuls,  vice-commercial 
agents,  and  consular-agents,  and  none  others. 

Fifth.  "Diplomatic  officer"  shall  be  deemed  to  include  ambassadors, 
envoys  extraordinary,  ministers  plenipotentiary,  ministers  resident, 
commissioners,  charges  d'affaires,  agents,  and  secretaries  of  legation, 
and  none  others. 

Sec,  1G84.  To  entitle  any  charge  d'affaires,  or  secretary  of  any  lega- 
tion or  embassy  to  any  foreign  country,  or  secretary  of  any  minister 
plenipotentiary,  to  compensation,  they  shall  respectively  be  appointed 
by  the  President,  by  and  with  the  advice  and  consent  of  the  Senate; 
but  in  the  recess  of  the  Senate  the  President  is  authorized  to  make  such 
api)ointments,  which  shall  be  submitted  to  the  Senate  at  the  next  ses- 
sion thereafter,  for  their  advice  and  consent;  and  no  compensation 
shall  be  allowed  to  any  charge  d'affaires,  or  any  of  the  secretaries  here- 
inbefore described,  who  shall  not  be  so  appointed. 

*  The  «oininauder  of  an  American  vessel  is  required  to  deliver  his  register  and  other 
ship's  papers  to  the  consul  at  a  foreign  port  only  in  cases  where  he  is  compelled  to 
make  entry  at  the  custom-house. — {Opinion  Altorney-General,  1858.) 


218  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Sec.  1685.  For  such  time  as  any  secretary  of  legation  shall  be  law- 
fully authorized  to  act  as  charge  d'affaires  ad  interim  at  the  post  to 
which  he  shall  have  been  appointed,  he  shall  be  entitled  to  receive  com- 
pensation at  the  rate  allowed  by  law  for  a  charge  d'affaires  at  such  post; 
but  he  shall  not  be  entitled  to  receive,  for  such  time,  the  compensation 
allowed  for  his  services  as  secretary  of  legation. 

Sec.  1C86.  When  to  any  diplomatic  office  held  by  any  person  there  is 
superadded  another,  such  i^erson  shall  be  allowed  additional  compensa- 
tion for  his  services,  in  such  superadded  office,  at  the  rate  of  fifty  per 
centum  of  the  amount  allowed  by  law  for  such  superadded  office,  and 
for  such  time  as  shall  be  actually  and  necessarily  occupied  in  making  the 
transit  between  the  two  posts  of  duty,  at  the  commencement  and  termi- 
nation of  the  period  of  such  superadded  office,  and  no  longer ;  and  such 
superadded  office  shall  be  deemed  to  continue  during  the  time  to  which 
it  IS  limited  by  the  terms  thereof. 

Sec.  1687.  All  fees  collected  at  any  of  the  legations  shall  be  accounted 
for  to  the  Secretary  of  the  Treasury,  and  held  subject  to  his  draft,  or 
other  directions. 

Sec.  1688.  ^o  person  in  the  diplomatic  service  of  the  United  States 
shall  wear  any  uniform  or  official  costume  not  previously  authorized 
by  Congress. 


consular  officers. 

(Reviseil  Statutes,  chap.  2.) 

Sec.  1689.  The  various  provisions  of  this  Title  which  are  expressed 
in  terms  of  general  application  to  any  particular  classes  of  consular 
officers,  shall  be  deemed  to  apply  as  well  to  all  other  classes  of  such 
officers,  so  far  as  may  be  consistent  with  the  subject-matter  of  the  same, 
and  with  the  treaties  of  the  United  States. 

Sec.  1690.  Consuls-generals,  consuls,  and  commercial  agents,  appointed 
to  the  ports  and  places  specified  in  Schedules  B  and  C,  are  entitled  to 
annual  salaries  respectively,  at  the  rates  specified  therein.  And  when- 
ever the  President  thinks  proper  to  appoint  a  consul  to  auy  port  or 
place  named  in  the  Schedules  B  and  C  for  a  commercial  agency  instead 
of  such  commercial  agent,  or  vice  versa,  and  an  appointment  is  made 
accordingly,  the  compensation  for  such  consular  officer  shall  be  the 
same  in  any  such  case  as  that  fixed  for  such  port  or  place  in  the  sched- 
ule embracing  the  same  ;  or  whenever  the  President  thinks  the  public 
interests  will  be  subserved  by  appointing  to  auy  such  port  or  place  a 
consul-general  instead  of  a  consul  or  commercial  agent,  and  an  appoint- 
ment is  made  accordingly,  the  compensation  for  such  consul-general 
shall  be  the  same  as  that  fixed  for  such  port  or  place  in  the  schedule 
embracing  the  same. 

Sec.  1691.  No  consul-general  or  consul  shall  be  permitted  to  hold  the 
office  of  consul-general  or  consul  at  auy  other  consulate,  or  exercise  the 
duties  thereof. 

Sec.  1692.  The  President  is  authorized  to  appoint  three  interpreters 
of  the  Chinese  language,  who  shall  be  entitled  to  compensation  for  their 
services,  respectively,  at  a  rate  not  to  exceed  fifteen  hundred  dollars  a 
year,  to  be  determined  by  the  President,  and  to  assign  such  interpreters. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  219 

from  time  to  time,  to  such  consulates  iu  China  and  with  such  duties  as 
he  may  think  ])roi)er. 

Sec.  1G93.  The  salary  of  the  interpreter  at  the  consulate  of  Bangkok, 
in  Siani,  shall  not  exceed  the  sum  of  five  hundred  dollars  a  year:  and 
no  salary  shall  be  allowed  the  marshal  at  that  consulate. 

Sec.  i<)94.  The  President  is  authorized,  whenever  in  his  judgment  the 
public  interest  may  so  require,  to  discontinue  the  consulate  of  the  United 
States  at  Trinidad  de  Cuba,  and  to  appoint  at  Cienfueg'os,  in  that  island, 
a  consul  with  the  same  salary  and  emoluments  as  those  now  allowed  by 
law  to  the  consul  at  Trinidad  de  Cuba. 

Sec.  1695.  The  President  is  authorized  to  define  the  extent  of  country 
to  be  embraced  within  any  consulate  or  commercial  agency,  and  to  pro- 
vide for  the  appointment  of  vice-consuls,  vice-commercial  agents,  dep- 
uty consuls,  and  consular  agents,  therein,  in  such  manner  and  under 
such  regulations  as  he  shall  deem  proper;  but  no  compensation  shall  be 
allowed  for  the  servicesof  any  such  vice-consul,  or  vice-commercial  agent, 
beyond  nor  except  out  of  the  allowance  made  by  law  for  the  principal 
consular  officer  in  whose  place  such  appointment  shall  be  made.  No 
vice-consul,  vice-commercial  agent,  deputy  consul,  or  consular  agent, 
shall  be  appointed  otherwise  than  under  such  regulations  as  have  beeu 
or  may  be  ])rescribed  by  the  President. 

Sec.  1G90.  The  only  allowance  to  any  vice-consulate  or  consular 
agency  for  expenses  shall  be  an  amount  sufficient  to  pay  for  stationery 
and  postage  on  official  letters. 

Sec.  1G97.  Every  consul-general,  consul,  and  commercial  agent,  before 
he  receives  his  commission  or  enters  upon  the  duties  of  his  office,  shall 
give  a  bond  to  the  United  States,  with  such  sureties,  who  shall  be  per- 
manent residents  of  the  United  States,  as  the  Secretary  of  State  shall 
approve,  in  a  penal  sum  not  less  than  one  thousand  dollars,  and  in  no 
case  less  than  the  annual  compensation  allowed  to  such  officer,  and  not 
more  than  ten  thousand  dollars,  and  in  such  form  as  the  President  shall 
prescribe,  conditioned  for  the  true  and  faithful  accounting  for,  paying 
over,  and  delivering  up  of  all  fees,  moneys,  goods,  effects,  books,  records, 
papers,  and  other  property  which  shall  come  to  his  hands,  or  to  the 
hands  of  any  other  person  to  his  use  as  such  consul-general,  consul,  or 
commercial  agent,  under  any  law  now  or  hereafter  enacted;  and  for  the 
true  and  faithful  performance  of  all  other  duties  now  or  hereafter  law- 
fully imposed  upon  him  as  such  consul-general,  consul,  or  commercial 
agent.  Tlje  bonds  herein  mentioned  shall  be  deposited  with  the  Secre- 
tary of  the  Treasury. 

Sec.  1098.  Every  vice-consul  shall,  before  he  enters  on  the  execution 
of  his  trust,  give  bond,  with  such  sureties  as  shall  be  approved  by  the 
Secretary  of  State,  in  a  sum  of  not  less  than  two  thousand  nor  more 
than  ten  thousand  dollars,  conditioned  for  the  true  and  faithful  dis- 
charge of  the  duties  of  his  office  according  to  law,  and  for  truly  account- 
ing for  all  moneys,  goods,  and  effects  which  may  come  into  his  i)osses- 
sion  by  virtue  of  his  office.  The  bond  shall  be  lodged  in  the  office  of 
the  Secretary  of  the  Treasury. 

Sec.  1G99.  No  consul-general,  consul,  or  commercial  agent,  embraced 
in  Schedule  B,  shall,  wlnle  he  holds  his  office,  be  interested  in  or  trans- 
act any  business  as  a  merchant,  factor,  broker,  or  other  trader,  or  as  a 
clerk  or  other  agent  for  any  such  i)erson  to,  from,  or  within  the  port, 
place,  or  limits  of  his  consulate  or  commercial  agency,  directly  or  indi- 
rectly, either  in  his  own  name,  or  in  the  name  or  through  the  agency  of 
any  other  person;  and  he  shall,  in  his  official  bond,  stii)ulate,  as  a  con- 
dition thereof,  not  to  violate  this  prohibition. 


220  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Sec.  1700.  All  consular  officers  whose  respective  salaries  exceed  oue 
tbousaiKl  dollars  a  year,  shall  be  subject  to  the  prohibition  against  trans- 
acting business  contained  in  the  preceding  section.  And  the  President 
may  extend  the  i)rohibition  to  any  consul  or  commercial  agent  not  em- 
braced in  Schedules  B  and  C,  and  to  any  vice-consul  or  vice-commercial 
agent,  deputy  consul,  or  consular  agent,  and  may  require  such  officer  to 
give  a  bond  not  to  violate  the  same. 

Sec.  1701.  Every  consul-general,  consul,  or  commercial  agent  who  vio- 
lates the  prohibition  against  transacting  business,  required  to  be  in- 
serted in  his  official  bond,  shall  be  liable  to  a  penalty  therefor,  for  the 
use  of  the  United  States,  equal  in  amount  to  the  annual  compensation 
specified  for  him  in  Schedule  B,  which  may  be  recovered  in  an  action 
of  debt  at  the  suit  of  the  United  States,  either  directly  for  the  penalty, 
as  such,  against  such  consul-general,  or  consul,  or  commercial  agent,  or 
upon  his  official  bond,  as  liquidated  damages,  for  the  breach  of  such 
condition  against  such  consul-general,  consul,  or  commercial  agent,  and 
his  sureties,  or  any  one  or  more  of  them;  and  in  every  such  case  all 
such  actions  shall  be  open  to  the  United  States  for  the  collection  of  such 
penalty  till  the  same  shall  be  collected  in  some  one  of  such  actions ; 
and  evervsuch  penalty,  when  collected,  shall  be  paid  into  the  Treasury 
of  the  United  States.  ' 

Sec.  1702.  The  compensation  of  consuls  whose  annual  salaries  do  not, 
under  existing  law,  exceed  one  thousand  five  hundred  dollars,  shall, 
when  the  fees  collected  at  the  consulates  where  they  are  located  and 
paid  into  the  Treasury  of  the  United  States  amount  to  three  thousand 
dollars,  be  two  thousand  dollars  a  year. 

Sec.  1703.  Every  vice-consul  and  vice-commercial  agent  shall  be  en- 
titled, as  compensatioi  for  his  services  as  such,  to  the  whole  or  so  much 
of  the  compensation  of  the  principal  consular  officer  in  whose  place  he 
shall  be  appointed,  as  shall  be  determined  by  the  President,  and  the 
residue,  if  any,  shall  be  paid  to  such  principal  consular  officer ;  and 
every  consular  agent  shall  be  entitled,  as  compensation  for  his  serv- 
ices, to  such  fees  as  he  may  collect  under  the  regulations  prescribed 
by  the  President  governing  the  subject  of  fees,  or  to  so  much  thereof  as 
shall  be  determined  by  the  President ;  and  the  principal  officer  of  the 
consulate  or  commercial  agency  within  the  limits  of  which  such  consu- 
lar agent  shall  be  appointed  shall  be  entitled  to  the  residue,  if  any,  in 
addition  to  any  other  compensation  allowed  him  by  law  for  his  services 
therein. 

Sec.  1704.  The  President  is  authorized,  whenever  he  shall  think  the 
public  good  will  be  promoted  thereby,  to  appoint  consular  clerks,  not 
exceeding  thirteen  in  number  at  any  one  time,  who  shall  be  citizens  of 
the  United  States,  and  over  eighteen  years  of  age  at  the  time  of  their 
appointment,  and  shall  be  entitled  to  compensation  for  their  services 
respectively  at  a  rate  not  exceeding  one  thousand  dollars  a  year  each, 
to  be  determined  by  the  President ;  and  to  assign  such  clerks,  from 
time  to  time,  to  such  consulates  and  with  such  duties  as  he  shall  direct. 

Sec.  1705.  Before  the  appointment  of  any  such  consular  clerk  shall 
be  made,  it  shall  be  satisfactorily  shown  to  the  Secretary  of  State,  after 
due  examination  and  report  by  an  examining  board,  that  the  applicant 
is  qualified  and  tit  for  the  duties  to  which  he  shall  be  assigned;  and 
such  report  shall  be  laid  before  the  President.  And  no  clerk  so  ap- 
pointed shall  be  removed  from  office,  except  for  cause  stated  in  writ- 
ing, which  shall  be  submitted  to  Congress  at  the  session  first  following 
such  removal. 

Sec.  1706.  The  President  may  allow  consuls-generals,  consuls,  and 


NAVIGATION    LAWS    OF    THE    UNITED    STATES  221 

commercial  agents,  who  are  uot  allowed  to  trade,  actual  expenses  of 
office- rent,  not  to  exceed,  in  any  case,  twenty  per  centum  of  the  amount 
of  the  annual  compensation  allowed  to  such  officer,  whenever  he  shall 
think  there  is  sufficient  reason  therefor. 

*Sec.  1707.  Consuls  and  vice  consuls  shall  have  the  right,  in  the 
ports  or  i)laces  to  which  they  are  severally  appointed,  of  receiving  the 
protests  or  declarations  which  captains,  masters,  crews,  passengers,  or 
merchants,  who  are  citizens  of  the  United  States,  may  respectively 
choose  to  make  there:  and  also  such  as  any  foreigner  may  choose  to 
make  before  them  relative  to  the  personal  interest  of  any  citizen  of  the 
United  iStates,  Copies  of  such  acts  duly  authenticated  by  consuls  or 
vice-consuls,  under  the  seal  of  their  consulates,  respectively,  shall  be 
received  in  evidence  equally  with  their  originals  in  all  courts  in  the 
United  States. 

Sec.  1708.  Every  consular  officer  shall  keep  a  detailed  list  of  all  sea- 
men and  mariners  shii)ped  and  discharged  by  him,  specifying  their 
names  and  the  names  of  the  vessels  on  which  they  are  shipped  and  from 
Avhich  they  aie  discharged,  and  the  payments,  if  any,  made  on  account 
of  each  so  discharged;  also  of  the  number  of  the  vessels  arrived  and 
departed,  the  amounts  of  their  registered  tonnage,  and  the  number  of 
their  seamen  and  mariners,  and  of  those  Mho  are  protected,  and  whether 
citizens  of  the  United  States  or  not,  and  as  nearly  as  possible  the  na- 
ture and  value  of  their  cargoes,  and  where  produced,  and  shall  make 
returns  of  the  same,  with  their  accounts  and  other  returns,  to  the  Secre- 
tary of  the  Treasury. 

Sec.  1709.  It  shall  be  the  duty  of  consuls  and  vice  consuls,  where  the 
laws  of  the  country  permit: 

First.  To  take  possession  of  the  personal  estate  left  by  any  citizen  of 
the  United  States,  other  than  seamen  belonging  to  any  vessel,  who  shall 
die  within  their  consulate,  leaving  there  no  legal  representative,  partner 
in  trade,  or  trustee  by  him  appointed  to  take  care  of  his  eflects. 

Second.  To  inventory  the  same  with  the  assistance  of  two  merchants 
of  the  United  States,  or,  for  want  of  them,  of  any  others  of  their  choice. 

Third.  To  collect  the  debts  due  the  deceased  in  the  country  where  he 
died,  and  pay  the  debts  due  from  his  estate  which  he  shall  have  there 
contracte<l. 

Fourth.  To  sell  at  auction,  after  reasonable  public  notice,  such  part 
of  the  estate  as  shall  be  of  a  perishable  nature,  and  such  further  part, 
if  any,  as  shall  be  necessary  for  the  payment  of  his  debts,  and,  at  the 
expiration  of  one  year  from  his  decease,  the  residue. 

Fifth.  To  transmit  the  balance  of  the  estate  to  the  Treasury  of  the 
United  States,  to  be  holden  in  trust  for  the  legal  claimant;  except  that 
if  at  any  time  before  such  transmission  the  legal  representative  of  the 
deceased  shall  ap))ear  and  demand  his  ellects  in  their  hands  they  shall 
deliver  them  up,  being  paid  their  fees,  and  shall  cease  their  proceedings. 

Sec.  1710.  For  the  information  of  the  representative  of  the  deceased, 
the  consul  or  vice-consul,  in  the  settlement  of  his  estate,  shall  immedi- 
ately notify  his  death  in  one  of  the  gazettes  published  in  the  consulate, 
and'also  to  the  Secretary  of  State,  that  the  same  may  be  notified  in  the 
State  to  which  the  deceased  belonged;  and  he  shall,  as  soon  as  inay  be, 
transmit  to  the  Secretary  of  State  an  inventory  of  the  etiects  of  the  de- 
ceased, taken  as  before  directed. 

Sec.  171li.  Consuls  and  commercial  agents  of  the  United  States  in 
foreien  oonntripsi  silisrll  i>ro<'iirP  aiMl  tran-*init  to  th<'  Df^nartnient  of  State 

',  *  tiee  stc,  14oo. 


222  NAVIGATION    LAM^S    OF    THE    UNITED    STATES. 

authentic  commercial  information  respecting  such  countries,  of  such 
character,  and  in  such  manner  and  form,  and  at  such  times  as  the  De- 
partment may  from  time  to  time  prescribe. 

Sec.  1713.  Every  consular  officer  shall  furnish  to  the  Secretary  of  the 
Treasury,  as  often  as  shall  be  required,  the  prices  current  of  all  articles 
of  merchandise  usually  exported  to  the  United  States  from  the  port  or 
place  in  which  he  is  stationed. 

Sec.  1715.  No  consular  officer  shall  certify  any  invoice  unless  he  is 
satisfied  that  the  person  making  oath  thereto  is  the  person  he  represents 
himself  to  be,  that  he  is  a  credible  person,  and  that  the  st;itemeuts  made 
under  such  oath  are  true;  and  he  shall,  thereui^on,  by  his  certificate^ 
state  that  he  was  so  satisfied. 

Sec.  1716.  The  fee  provided  by  law  for  the  verification  of  invoices  by 
consular  officers  shall,  when  paid,  be  held  to  be  a  full  payment  for  fur- 
nishing blank  forms  of  declaration  to  be  signed  by  the  shipper,  and  for 
making,  signing,  and  sealing  the  certificate  of  the  consular  officer  there- 
to; and  any  consular  officer  who,  under  pretense  of  charging  for  blank 
forms,  advice,  or  clerical  services  in  the  preparation  of  such  declaration 
or  certificate,  charges  or  receives  any  fee  greater  in  amount  than  that 
provided  by  law  for  the  verification  of  invoices,  or  who  demands  or  re- 
ceives for  any  official  services,  or  who  allows  any  clerk  or  subordinate 
to  receive  for  any  such  service  any  fee  or  reward  other  than  the  fee  pro- 
vided by  law  for  such  service,  shall  be  punishable  by  imprisonment  for 
not  more  than  one  year,  or  by  a  fine  of  not  more  than  two  thousand 
dollars;  and  shall  be  removed  from  his  office. 

Sec.  1717.  That  no  consular  officer  of  the  United  States  shall  hereaf- 
ter grant  a  certificate  for  goods,  wares,  or  mercliandise  shipped  from 
countries  adjacent  to  the  United  States,  which  have  passed  a  consulate 
after  purchase  for  shipment. 

Sec.  1718.  Whenever  any  master  or  commander  of  a  vessel  of  the 
United  States  has  occasion  for  any  consular  or  other  official  service, 
which  any  consular  officer  of  the  United  States  is  authorized  by  law  or 
usage  officially  to  perform,  and  for  which  any  fees  are  allowed  by  the 
rates  or  tariffs  of  fees,  he  shall  apply  to  the  consular  officer  at  the  con- 
sulate or  commercial  agency  where  such  service  is  required  to  perform 
such  service,  and  shall  pay  to  such  officer  the  fees  allowed  for  such  serv- 
ice by  the  rates  or  tariffs  of  fees.  And  every  such  master  or  com- 
mander who  omits  so  to  do  shall  be  liable  to  the  United  States  for  the 
amount  of  the  fees  lawfully  chargeable  for  such  services  when  actually 
performed.  All  consular  officers  are  authorized  and  required  to  retain 
in  their  possession  ail  the  papers  of  such  vessels,  which  shall  be  depos- 
ited with  them  as  directed  by  law,  till  payment  shall  be  made  of  all  de- 
mands and  wages  on  account  of  such  vessels. 

Sec.  1719.  No  consular  officer,  nor  any  person  under  any  consular 
officer  shall  make  any  charge  or  receive,  directly  or  indirectly,  any  com- 
pensation, by  way  of  commission  or  otherwise,  for  receiving  or  disburs- 
ing the  wages  or  extra  wages  to  which  any  seaman  or  mariner  is  entitled 
who  is  discharged  in  any  foreign  country,  or  for  any  money  advanced 
to  any  such  seaman  or  mariner  who  seeks  relief  from  any  consulate  or 
commercial  agency:  nor  shall  any  consular  officer,  or  any  person  under 
any  consular  officer,  be  interested,  directly  or  indirectly,  in  any  profit 
derived  from  clothing,  boarding,  or  otherwise  supplyingor  sending  home 
any  such  seaman  or  mariner.  Such  prohibition  as  to  profit,  however, 
shall  not  be  construed  to  relieve  or  prevent  any  such  officer  who  is  the 
owner  of  or  otherwise  interested  in  any  vessel  of  the  United  States,  from 
transporting  in  such  vessel  any  such  seaman  or  mariner,  or  from  receiv- 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  223 

ing  or  being  interested  in  such  reasonable  allowance  as  may  be  made 
for  such  transi)ortation  by  law. 

Seo.  1720.  American  vessels  running  regularly  by  weekly  or  monthly 
trips,  or  otherwise,  to  or  between  foreign  ports,  shall  not  be  required 
to  pay  fees  to  consuls  for  more  than  four  trips  in  a  year. 

Sec.  1721.  The  fee  for  certifying  invoices  to  be  charged  by  the  con- 
sul-general for  the  British  North  American  Provinces,  and  his  subordi- 
nate consular  ofticers  and  agents,  for  goods  not  exceeding  one  hundred 
dollars  in  value,  shall  be  one  dollar. 

Sec.  1722.  No  consul,  vice-consul,  or  consular  agent  in  the  Domin- 
ion of  Canada,  shall  be  allowed  tonnage  fees  for  any  services,  actual  or 
constructive,  rendered  any  vessel  owned  and  registered  in  the  United 
States  that  may  touch  at  the  Canadian  port;  and  in  the  collection  of 
official  fees  they  shall  receive  foreign  moneys  at  the  rate  given  in  the 
Treasury  schedule  of  the  value  of  foreign  coins. 

Sec.  1723.  Whenever  any  consular  officer  collects,  orknowiugly  allows 
to  be  collected  for  any  service,  any  otheror  greater  fees  than  are  allowed 
by  law  for  such  service,  he  shall,  besides  his  liability  to  refund  the  same, 
be  liable  to  pay  to  the  person  by  whom  or  in  whose  behalf  the  same  are 
paid,  treble  the  amount  of  the  unlawful  charge  so  collected,  as  a  penalty^ 
to  be  recovered  with  costs,  in  any  proper  form  of  action,  by  such  person 
for  his  own  use.  And  in  any  such  case  the  Secretary  of  the  Treasury 
may  retain  out  of  the  compensation  of  such  ofifier,  the  amount  of  such 
overcharge,  and  of  such  penalty,  and  charge  the  same  to  such  officer  in 
account,  and  may  thereupon  refund  such  unlawful  charge,  and  pay 
such  penalty  to  the  person  entitled  to  the  same  if  he  shall  think  proper 
so  to  do. 

Sec.  1724.  Every  consul-general,  consul,  or  commercial  agent,  men- 
tioned in  Schedules  B  and  C,  or  vice-consul,  or  vice-commercial  ageut^ 
appointed  to  perform  the  duty  of  any  such  officer  mentioned  in  Sched- 
ules B  and  C,  who  omits  to  collect  any  fees  which  he  is  entitled  to  charge 
for  any  oflScial  service,  shall  be  liable  to  the  United  States  therefor,  as 
if  be  had  collected  the  same;  unless,  upon  good  cause  shown  therefor^ 
the  Secretary  of  the  Treasury  shall  think  proper  to  remit  the  same. 

Sec.  1725.  All  such  consuls-general,  consuls,  commercial  agents,  and 
consular  agents,  as  are  allowed  for  their  compensation  the  whole  or  any 
part  of  the  fees  which  they  may  collect,  and  all  such  vice-consuls  and 
vice-commercial  agents  appointed  to  perform  the  duties  of  such  consuls- 
general,  consuls,  and  commercial  agents  as  are  allowed  for  their  com- 
pensation the  whole  or  any  part  of  such  fees,  shall  make  returns  in  such 
manner  as  the  Secretary  of  State  shall  prescribe,  of  all  such  fees  as  they 
or  any  person  in  their  behalf  so  collect. 

Sec.  172G.  Every  consular  officer  shall  give  receipts  for  all  fees  col- 
lected for  his  official  services,  expressing  the  particular  services  for 
which  the  same  were  collected. 

Sec.  1727.  Every  consular  officer  shall  number  all  receipts  giveu  by 
him  for  fees  received  for  official  services,  in  the  order  of  their  dates,  be- 
ginning with  number  one  at  the  commencement  of  the  period  of  his  serv- 
ice, and  on  the  first  day  of  January  in  every  year  thereafter.  He  shall 
also  register  in  a  book  to  be  kept  by  him  for  that  purpose  all  fees  so  re- 
ceived by  him,  in  the  order  in  which  they  are  received,  specifying  each 
item  of  service  and  the  amount  received  therefor,  from  whom,  and  the 
dates  when  received,  and  if  for  any  service  connected  with  any  vessel, 
the  name  thereof,  and  indicating  what  items  and  amounts  are  embraced 
in  each  receipt  given  by  him  therefor,  and  numbering  the  same  accord- 
ing to  the  number  of  the  receipts  respectively,  so  that  the  receipts  and 


224  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

register  shall  correspond  with  each  other ;  and  he  shall,  in  such  register, 
specify  the  name  of  the  person  for  whom,  and  the  date  when  he  shall 
grant,  issue,  or  verify  any  passport,  certify  any  invoice,  or  perform  any 
other  ofticial  service  in  the  entry  of  the  receipt  of  the  fees  therefor,  and 
also  number  each  consular  act  so  receipted  for  with  the  number  of  such 
receipt,  and  as  shown  by  such  register. 

Sec.  1728.  Every  consular  officer,  in  rendering  his  account  of  fees 
received  shall  furnish  a  full  transcript  of  the  register  which  he  is  re- 
quired to  keep,  and  make  oath  that,  to  the  best  of  his  knowledge,  the 
same  is  true,  and  contains  a  full  and  accurate  statement  of  all  fees  re- 
ceived by  him,  or  for  his  use,  for  his  official  services  as  such  consular 
officer,  during  the  period  foi-  which  it  purports  to  be  rendered.  Such 
oath  may  be  taken  before  any  i)erson  having  authority  to  administer 
oaths  at  the  port  or  place  where  the  consular  officer  is  located.  If  any 
such  consular  officer  willfully  and  corruptly  coiumits  perjury,  in  any  such 
oath,  within  the  intent  and  meaning  of  any  act  of  Congress  now  or 
hereafter  made,  he  may  be  charged,  proceeded  against,  tried,  and  con- 
victed, and  dealt  with  in  the  same  manner,  in  all  respects,  as  if  such 
oflensehad  been  committed  in  the  United  States,  before  any  officer  duly 
authorized  therein  to  administer  or  take  such  oath,  aud  shall  be  sub- 
ject to  the  same  punishment  and  disability  therefor  as  are  or  shall  be 
prescribed  for  such  oflense. 

Sec.  1729.  All  fees  collected  by  any  consul  or  commercial  agent  not 
mentioned  in  Schedule  B  or  C,  or  by  any  vice-consul  or  commercial 
agent  appointed  to  perform  their  duties,  or  by  any  other  person  in  their 
behalf,  shall  be  accounted  for  to  the  Secretary  of  the  Treasury  in  the 
manner  prescribed  by  the  tive  preceding  sections. 

Sec.  1730.  Consuls-general,  consuls,  and  commercial  agents,  not  em- 
braced in  Schedules  B  and  C,  shall  be  entitled,  as  compensation  for  their 
services,  to  such  fees  as  they  may  collect  under  the  regulations  pre- 
scribed by  the  President  governing  the  subject  of  fees. 

Sec.  1731.  It  shall  be  the  duty  of  all  consular  officers  at  all  times  to 
keep  posted  up  in  their  offices,  respectively,  in  a  conspicuous  place,  and 
subject  to  the  examination  of  all  persons  interested  therein,  a  copy  of 
such  rates  or  tariffs  as  shall  be  in  force. 

Sec.  1732.  AVhenever  the  fees  collected  by  or  in  behalf  of  any  consul 
or  commercial  agent,  not  mentioned  in  Schedule  B  or  C,  amount  to  more 
than  twenty-live  hundred  dollars  in  any  one  year,  over  and  above 
such  expenses  of  office-rent  aud  clerk  hire  as  are  approved  by  the 
Secretary  of  State,  of  which  return  shall  be  made  to  the  Secretary  of  the 
Treasury,  the  excess  for  that  year  shall  be  held  subject  to  the  draft  or 
other  directions  of  the  Secretary  of  the  Treasury. 

Sec.  1733.  All  moneys  received  for  fees  at  any  vice-consulates  or  con- 
sulate agencies  of  the  United  States,  beyond  the  sum  of  one  thousand 
dollars  in  any  one  year,  aud  all  moneys  received  by  any  consul  or  consul- 
general  from  consular  agencies  or  vice  consulates  in  excess  of  one  thou- 
sand dollars  in  the  aggregate  from  all  such  agencies  or  vice  consulates, 
shall  be  accounted  for  to  the  Secretary  of  the  Treasury,  and  held  subject 
to  his  draft  or  other  directions. 

Sec.  1734.  Every  consular  officer  who  willfully  neglects  to  render  true 
and  just  quarterly  accounts  and  returns  of  the  business  of  his  office,  and 
of  moneys  received  by  him  for  the  use  of  the  United  States,  or  who 
neglects  to  pay  over  any  balance  of  such  moneys  due  to  the  United 
States  at  the  expiration  of  any  quarter,  before  the  expiration  of  the  next 
succeeding  quarter,  shall  be  deemed  guilty  of  embezzlement  of  the  pub- 
lic moneys,  aud  shall  be  punishable  by  imprisonment  for  not  more  than 


NAVIGATION   LAWS    OF    THE    UNITED    STATES.  225 

one  year  and  by  a  fine  of  not  more  than  two  tlionsand  dollars,  and 
shall  be  forever  disqualified  from  holding  any  office  of  trust  or  profit 
under  the  United  States. 

Sec.  1735.  Whenever  any  consular  officer  willfully  neglects  or  omits 
to  perform  seasonably  any  duty  imposed  upon  him  by  law,  or  by  any 
order  or  instruction  made  or  given  in  pursuance  of  law,  or  is  guilty 
of  any  willful  malfeasance  or  abuse  of  power,  or  of  any  corrupt  conduct 
in  his  oflSce,  he  sliall  be  liable  to  all  persons  injured  by  any  such  neglect^ 
or  omission,  malfeasance,  abuse,  or  corrupt  conduct,  for  all  damages 
occasioned  thereby  ;  and  for  all  such  damages,  he  and  his  sureties  upon 
his  official  bond  shall  be  responsible  thereon  to  the  full  amount  of  the 
penalty  thereof,  to  be  sued  in  the  name  of  the  United  States  for  the  use 
of  the  person  injured.  Such  suit,  however,  shall  in  no  case  prejudice, 
but  shall  be  held  in  entire  subordination  to  the  interests,  claims,  and 
demands  of  the  United  States,  as  against  any  officer,  under  such  bond\>. 
for  every  willful  act  of  malfeasance  or  corrupt  conduct  in  his  office. 

Sec.  1736.  If  any  consul  or  commercial  ag-.'ut  neglects  or  omits  to  per- 
form, seasonably,  the  duties  imposed  upon  him  by  the  laws  regulating 
the  shipment  and  discharge  of  seamen,  and  the  reclamation  of  deserters^ 
on  board  or  from  vessels  in  foreign  ports,  or  is  guilty  of  any  malversa- 
tion or  abuse  of  power,  he  shall  be  liable  to  any  injured  person  for  all 
damage  occasioned  thereby;  and  for  all  malversation  and  corrupt  con- 
duct in  office,  he  shall  be  punishable  by  imprisonment  for  not  more  than 
five  years  and  not  less  than  one,  and  by  a  fine  of  not  more  than  ten 
thousand  dollars  and  not  less  than  one  thousand. 

Sec.  1738.  jSTo  consular  officer  shall  exercise  diplomatic  functions,  or 
hold  any  diplomatic  correspondence  or  relation  on  the  part  of  the  United 
States,  in,  with,  or  to  the  government  or  country  to  which  he  is  ap- 
pointed, or  any  other  country  or  government,  when  there  is  in  such 
country  any  officer  of  the  United  States  authorized  to  perform  diplo- 
matic functions  therein ;  nor  in  any  case,  unless  expressly  authorized  by 
the  President  so  to  do. 

Sec.  1739.  For  such  time  as  any  consular  office  shall  be  authorized 
to  perform  diplomatic  functions,  in  the  absence  of  the  regular  diplomatic 
officer  in  the  country  to  which  he  shall  be  appointed,  he  shall  be  entitled^ 
in  addition  to  his  compensation  as  such  consular  officer,  to  receive  com- 
pensation for  his  services  while  so  authorized,  at  the  rate  which  would 
be  allowed  for  a  secretary  of  legation  in  such  country. 


PROVISIONS  common  TO   DIPLOMATIC  AND  CONSULAR  OFFICERS. 

(Revised  Statutes,  chap.  3.) 

Sec.  1740.  No  ambassador,  envoy  extraordinary,  minister  plenipo- 
tentiary, minister  resident,  commissioner,  charg^  d'affaires,  secretary 
of  legation,  assistant  secretary  of  legation,  interpreter  to  any  legation 
or  consulate,  or  consul  general,  consul,  or  commercial  agent,  mentioned 
in  Schedules  B  and  C,  shall  be  entitled  to  compensation  for  his  services, 
except  from  the  time  when  he  reaches  his  post  and  enters  upon  his  offi- 
cial duties  to  the  time  when  he  ceases  to  hold  such  office,  and  for  such 
time  as  is  actually  and  necessarily  occupied  in  receiving  his  instructions, 
not  to  exceed  thirty  days,  and  in  making  the  direct  transit  between  the 
place  of  his  residence,  when  appointed,  and  his  post  of  duty,  at  the 
commencement  and  termination  of  the  period  of  his  official  service,  for 
H.  Mis.  391 15 


226  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

■which  be  shall  in  all  cases  be  allowed  and  paid,  except  as  hereinafter 
Dientwned.  And  no  person  shall  be  deemed  to  hold  any  such  office 
after  his  successor  is  appointed  and  actually  enters  upon  the  duties  of 
his  office  at  his  post  of  duty,  nor  after  his  official  residence  at  such  post 
has  teriuiuated  if  not  so  relieved.  But  no  such  allowance  or  payment 
sk&M  be  made  to  any  consul-general,  consul,  or  commercial  agent,  not 
fetnbraced  in  Schedules  B  and  C,  or  to  any  vice-consul,  vice-commercial 
:agent,  deputy  consul,  or  consular  agent,  for  the  time  so  occupied  in 
receiving  instructions,  or  in  such  transit  as  aforesaid;  nor  shall  any 
such  officer  as  is  referred  to  in  this  section  be  allowed  compensation  for 
the  time  so  occupied  in  such  transit,  at  the  termination  of  the  period 
of  his  official  service,  if  he  has  resigned  or  been  recalled  therefrom  for 
:any  malfeasance  in  his  office. 

Sec.  1741.  No  ambassador,  envoy  extraordinary,  minister  plenipoten- 
tiary, minister  resident,  commissioner,  charge  d'affaires,  secretary  of 
legation,  assistant  secretary  of  legation,  interpreter  for  any  legation  or 
consulate,  or  consul-general,  consul,  or  commercial  agent  mentioned  in 
schedules  B  and  O,  or  consular  agent,  shall  be  absent  from  his  post  or 
the  performance  of  his  duties  for  a  longer  period  than  ten  days  at  any 
one  time,  without  the  permission  previously  obtained  of  the  President. 

Sec.  1742.  No  diplomatic  or  consular  officer  shall  receive  salary  for 
the  time  during  which  he  may  be  absent  from  his  j)ost,  b^"  leave  or 
otherwise,  beyond  the  term  of  sixty  days  in  any  one  year;  but  the  time 
equal  to  that  usually  occupied  in  going  to  and  from  the  United  States 
in  case  of  the  return,  on  leave,  of  such  diplomatic  or  consular  officer  to 
the  United  States  may  be  allowed  in  addition  to  such  sixty  days. 

Sec.  1743.  The  compensation  allowed  by  law  to  the  various  diplo- 
matic and  consular  officers  shall  be  in  full  for  all  the  services  rendered 
and  personal  expenses  incurred  by  the  persons  respectively  for  whom 
such  comi>ensation  is  provided,  of  whatever  kind  such  services  or  per- 
sonal expenses  may  be,  or  by  whatever  treaty,  law,  or  instructions  they 
are  required ;  and  no  allowance,  other  than  such  as  is  so  provided,  shall 
be  made  in  any  case  for  the  outfit  or  return  home  of  any  such  officer  or 
person. 

Sec.  1744.  No  compensation  provided  for  any  officer  mentioned  in 
section  sixteen  hundred  and  seventy-five,  or  for  any  assistant  secretary 
of  legation,  or  any  appropriation  therefor,  shall  be  applicable  to  the 
payment  of  the  compensation  of  any  person  appointed  to  or  holding  any 
such  office  who  shall  not  be  a  citizen  of  the  United  States;  nor  shall 
any  other  compensation  be  allowed  in  any  such  case. 

Sec.  1745.  The  President  is  authorized  to  prescribe,  from  time  to 
time,  the  rates  or  tariffs  of  fees  to  be  charged  for  official  services,  and 
to  designate  what  shall  be  regarded  as  official  services,  besides  such 
as  are  expressly  declared  by  law,  in  the  business  of  the  several  lega- 
tions, coirsulates,  and  commercial  agencies,  and  to  adapt  the  same,  by 
such  differences  as  may  be  necessary  or  proper,  to  each  legation,  con- 
sulate, or  commercial  agency ;  and  it  shall  be  the  duty  of  all  officers 
and  persons  connected  with  such  legations,  consulates,  or  commercial 
agencies  to  collect  for  such  official  services  such  and  only  such  fees  as 
may  be  prescribed  for  their  respective  legations,  consulates,  and  com- 
mercial agencies,  and  such  rates  or  tariffs  shall  be  reported  annually  to 
Congress. 

Sec.  1746.  All  fees  collected  by  diplomatic  and  consular  officers  for 
and  in  behalf  of  the  United  States  shall  be  collected  in  the  coin  of  the 
United  States,  or  at  its  representative  value  in  exchange. 

Sec.  1747.  All  fees  collected  by  the  consuls-general,  consuls,  and 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  227 

commercial  agents  mentioned  in  Schedules  B  and  C,  and  by  vice-con- 
suls and  vice-commercial  agents  ai)|)ointed  to  perform  their  duties, 
or  by  any  other  persons  iu  their  behalf,  shall  be  accounted  for  to  the 
Secretary  of  the  Treasury-,  and  held  subject  to  his  draft,  or  other  direc- 
tions. 

Sec.  1748.  The  President  is  authorized  to  provide  at  the  public  expense 
all  such  stationary,  blanks,  record  and  other  books,  seals,  presses, 
flags,  and  signs,  as  he  shall  think  necessary  for  the  several  legations, 
consulates,  and  commercial  agencies,  in  the  transaction  of  their  busi- 
ness. 

Sec.  1749.  Whenever  any  diplomatic  or  consular  ofiScer  of  the  United 
States  dies  iu  a  foreign  country  in  the  discharge  of  his  duty,  there  shall 
be  paid  to  his  widow,  or,  if  no  widow  survive  him,  then  to  his  heirs  at 
law,  a  sum  of  money  equal  to  the  allowance  now  made  to  such  ofiicer 
for  the  time  necessarily  occupied  in  making  the  transit  from  his  post 
of  duty  to  his  residence  in  the  United  States. 

Sec.  1752.  The  President  is  authorized  to  prescribe  such  regulations, 
and  make  and  issue  such  orders  and  instructions,  not  inconsistent  with 
the  Constitution  or  any  law  of  the  United  States,  in  relation  to  the  du- 
ties of  all  diplomatic  and  consular  officers,  the  transaction  of  their  busi- 
ness, the  rendering  of  accounts  and  returns,  the  payment  of  compensa- 
tion, the  safe  keeping  of  the  archives  and  public  property  in  the  hands 
of  all  such  officers,  the  communication  of  information,  and  the  i)roeure- 
nient  and  transmission  of  the  products  of  the  arts,  sciences,  manufact- 
ures, agriculture,  and  commerce,  from  time  to  time,  as  he  may  think 
conducive  to  the  public  interests.  It  shall  be  the  duty  of  all  such  officers 
to  conform  to  such  regulations,  orders,  and  instructions. 


FLAG  AND   SEAL. 

(Revised  Statutes,  Title  XX.) 

Sec.  1793.  The  seal  heretofore  used  by  the  United  States  in  Congress 
assembled  is  declared  to  be  the  seal  of  the  United  States. 

*Sec.  1794.  The  Secretary  of  State  shall  keep  such  seal,  and  shall 
make  out  and  record,  and  shall  affix  the  same  to,  all  civil  commissions 
for  offieersof  theUnited  States,  to  be  appointed  by  the  President,  by  and 
with  the  advice  and  consent  of  the  Senate,  or  by  the  President  alone. 
But  the  seal  snail  not  be  affixed  to  any  commission  before  the  same 
has  been  signed  by  the  President  of  the  United  States,  nor  to  any  other 
instrument,  without  the  special  warrant  of  the  President  therefor. 


3.— EXTRADITION. 

(Revised  Statutes,  Title  LXVI.) 

Sec.  5275.  Whenever  any  person  is  delivered  by  any  foreign  gov- 
ernment to  an  agent  of  the  United  States,  for  the  purpose  of  being 
brought  within  the  United  States  and  tried  for  any  crime  of  which  he 
is  duly  accused,  the  President  shall  have  power  to  take  all  necessary 
measures  for  the  transportation  and  safe-keeping  of  such  accused  per- 

See  sec.  203. 


228       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

son,  and  for  his  security  against  lawless  violence,  until  the  final  con- 
clusion of  his  trial  for  the  crimes  or  offenses  specified  in  the  warrant 
of  extradition,  and  until  his  final  discharge  from  custody  or  imprison- 
ment for  or  on  account  of  such  crimes  or  offenses,  and  for  a  reasonable 
time  thereafter,  and  may  employ  such  portion  of  the  laud  or  naval 
forces  of  the  United  States,  or  of  the  militia  thereof,  as  may  be  neces- 
sary for  the  safe-kee[)ing  and  protection  of  the  accused. 

Sec.  5280.  On  application  of  a  consul  or  vice  consul  of  any  foreign 
government  having  a  treaty  with  the  United  States  stipulating  for  the 
restoration  of  seamen  deserting,  made  in  writing,  stating  that  the  per- 
son therein  named  has  deserted  from  a  vessel  of  any  such  government, 
while  in  any  port  of  the  United  States,  and  on  proof  by  the  exhibition 
of  the  register  of  the  vessel,  ship's  roll,  or  other  official  document,  that 
the  person  named  belonged,  at  the  time  of  desertion,  to  the  crew  of  such 
vessel,  it  shall  be  the  duty  of  any  court,  judye,  commissioner  of  any  cir- 
cuit court,  justice,  or  other  magistrate,  having  competent  power,  to  issue 
warrants  to  cause  such  person  to  be  arrested  for  examination.  If,  on 
examination,  the  facts  stated  are  found  to  be  true,  the  person  arrested 
not  being  a  citizen  of  the  United  States,  shall  be  delivered  up  to  the 
consul  or  vice-consul,  to  be  sent  back  to  the  dominions  of  any  such  gov- 
ernment, or,  on  the  request  and  at  the  expense  of  the  consul  or  vice- 
consul,  shall  be  detained  until  the  consul  or  vice-consul  finds  an  oppcr- 
tunity  to  send  him  back  to  the  dominions  of  any  such  government.  No 
person  so  arrested  shall  be  detained  more  than  two  months  after  his  ar- 
rest; but  at  the  end  of  that  time  shall  be  set  at  liberty,  and  shall  not 
be  again  molested  for  the  same  cause.  If  any  such  deserter  shall  be 
found  to  have  committed  any  crime  or  offense,  his  surrender  may  be 
delayed  until  the  tribunal  before  which  the  case  shall  be  depending,  or 
may  be  cognizable,  shall  have  pronounced  its  sentence,  and  such  sen- 
tence shall  have  been  carried  into  effect. 


4.— NEUTRALITY.* 

(Revised  Statutes,  Title  LXVII.) 

Sec.  5281.  Every  citizen  of  the  United  States  who,  within  the  terri- 
tory or  jurisdiction  thereof,  accepts  and  exercises  a  commission  to  serve 
a  foreign  prince,  state,  colony,  district,  or  people,  in  war,  by  land  or  by 
sea,  against  any  prince,  state,  colony,  district,  or  people,  with  whom  the 
United  States  are  at  peace,  shall  be  deemed  guilty  of  a  high  misdemeanor, 
and  shall  be  fined  not  more  than  two  thousand  dollars  and  imprisoned  not 
more  than  three  years. 

Sec.  5282.  Every  person  who,  within  theterritory  or  jurisdiction  of  the 
United  States,  enlists  or  enters  himself,  or  hires  or  retains  another  per- 
son to  enlist  or  enter  himself,  or  to  go  beyond  the  limits  or  jurisdiction 
of  the  United  States  with  intent  to  be  enlisted  or  entered  in  the  service 

*A  vessel  and  cargo,  when  perhaps  owned  by  neutrals,  may  be  condemned  as  enemy 
property  because  of  the  employment  of  the  vessel  in  enemy  trade,  and  because  of  an 
attempt  to  violate  a  blockade  and  to  elude  visitation  and  seach. — {The  Baigorry,2 
Wallace,  474.) 

A  vessel  sailing  from  a  neutral  port,  with  intent  to  violate  the  blockade,  is  liable 
to  capture  and  condemnation  as  prize  from  the  time  of  sailing. — {Opinion  Attorney- 
Gentral.) 

To  justify  a  vessel  of  a  neutral  in  attempting  to  enter  a  blockaded  port,  she  must  be 
in  distress  as  to  render  her  entry  a  matter  of  absolute  and  uutrollable  necessity. — 
(^liid.) 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  229 

of  any  foreign  prince,  state,  colony,  district  or  peojjle,  as  a  soldier,  or 
as  a  marine  or  seaman,  on  board  of  any  vessel  of  war,  letter  of  marqne, 
or  privateer,  shall  be  deemed  guilty  of  high  misdemeanor,  and  shall  be 
fined  not  more  than  one  thousand  dollars,  and  imprisoned  not  more  than 
three  years. 

Sec.  5283.  Every  person  who,  witliin  the  limits  of  the  United  States, 
fits  out  and  arms,  or  attempts  to  fit  out  and  arm,  or  procures  to  be  fit- 
ted out  and  armed,  or  knowingly  is  concerned  in  the  furnishing,  fitting 
out,  or  arming,  of  any  vessel,  with  intent  that  such  vessel  shall  be  era- 
ployed  in  the  service  of  any  foreign  prince  or  state,  or  of  any  colony, 
district,  or  people,  to  cruise  or  commit  hostilities  against  the  subjects, 
citizens,  or  property  of  any  foreign  prince  or  state,  or  of  any  colony, 
district,  or  people,  with  wliom  the  United  States  are  at  peace,  or  who 
issues  or  delivers  a  commission  within  the  territory  or  jurisdiction  of 
the  United  States,  for  any  vessel,  to  the  intent  that  she  may  be  so  em- 
ployed, shall  be  deemed  guilty  of  a  high  misdemeanor,  and  shall  be 
fined  not  more  than  ten  thousand  dollars,  and  imprisoned  not  more  than 
three  years.  And  every  such  vessel,  with  her  tackle,  api)arel,  and  fur- 
niture, together  with  all  materials,  arms,  ammunition,  and  stores,  which 
may  have  been  procured  for  the  building  and  equipment  thereof,  shall 
be  forfeited;  one-half  to  the  use  of  the  informer,  and  the  other  half  to 
the  use  of  the  United  States. 

Sec.  5284.  Every  citizen  of  the  United  States  who,  without  the  limits 
thereof,  fits  out  and  arms,  or  attempts  to  fit  out  and  arm,  or  procures 
to  be  fitted  out  and  armed,  or  knowingly  aids  or  is  concerned  in  furnish- 
ing, fitting  out,  or  arming  any  private  vessel  of  war,  or  privateer,  with 
intent  that  such  vessel  shall  be  employed  to  cruise,  or  commit  hostili- 
ties, ui)on  the  citizens  of  the  United  States,  or  their  property,  or  who 
takes  the  command  of,  or  enters  on  board  of  any  such  vessel,  for  such 
intent,  or  who  purchases  any  interest  in  any  such  vessel,  with  a  view 
to  share  in  the  profits  thereof,  shall  be  deemed  guilty  of  a  high  misde- 
meanor, and  fined  not  more  than  ten  thousand  dollars,  and  imprisoned 
not  more  than  ten  years.  And  the  trial  for  such  oft'ense,  if  committed 
without  the  limits  of  the  United  States,  shall  be  in  the  district  in  which 
the  offender  shall  be  apprehended  or  first  brought. 

Sec.  5285.  Every  person  who,  within  the  territory  or  jurisdiction  of 
the  United  States,  increases  or  augments,  or  procures  to  be  increased 
or  augmented,  or  knowingly  is  concerned  in  increasing  or  augmenting, 
the  force  of  any  ship  of  war,  cruiser,  or  other  armed  vessel,  which,  at 
the  time  of  her  arrival  within  the  United  States,  was  a  ship  of  war,  or 
cruiser,  or  armed  vessel,  in  the  service  of  any  foreign  prince  or  state, 
or  of  any  colony,  district,  or  people,  or  belonging  to  the  subjects  or  cit- 
izens of  any  siicli  prince  or  state,  colony,  district,  or  people,  the  same 
being  at  war  with  any  foreign  i)rince  or  state,  or  of  any  colony,  district, 
or  jieople,  with  whom  the  United  States  are  at  peace,  by  adding  to  the 
number  of  the  guns  of  such  vessel,  or  by  clianging  t]u)s<^  on  board  of 
her  for  guns  of  a  larger  caliber,  or  by  adding  thereto  any  equipment 
solely  applicable  to  war,  shall  be  deemed  guilty  of  a  high  misdemeanor, 
and  shall  be  fined  not  more  than  one  thousand  dollars  and  be  imi)ris- 
oned  not  more  than  one  year. 

Sec.  5280.  Every  i)erson  who,  within  the  territory  or  jurisdiction  of 
the  United  States,  begins,  or  sets  on  foot,  or  provides  or  prei)ares  the 
means  for  any  military  expedition  or  eiit('ri)ri.^e,  to  be  carried  on  from 
thence  against  the  territory  or  dominions  of"  any  foreign  )»riiH;e  or  state, 
or  of  any  colony,  district,  or  ])eople,  with  whom  the  United  States  are 
at  peace,  shall  be  deemed  guilty  of  a  high  misdemeanor,  and  shall  be 


230  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

fined  not  exceeding  three  thousand  dollars,  and  imprisoned  not  more 
than  three  years. 

Skc.  5287.  The  district  court  shall  take  cognizance  of  all  complaints 
by  whomsoever  ins  ituted  in  cases  of  captures  made  within  the  waters 
of  the  United  States  or  within  a  marine  league  of  the  coasts  or  shores 
thereof.  In  every  case  in  which  a  vessel  is  fitted  out  and  armed,  or 
attempted  to  be  fitted  out  and  armed,  or  in  which  the  force  of  any  ves- 
sel of  war,  cruiser,  or  other  armed  vessel  is  increased  or  augmented,  or 
in  which  any  military  expedition  or  enterprise  is  begun  or  set  on  foot, 
contrary  to  the  provisions  and  prohibitions  of  this  Title;  and  in  every 
case  of  the  capture  of  a  vessel  within  the  jurisdiction  or  protection  of 
the  United  States  as  before  defined ;  and  in  every  case  in  which  any 
process  issuing  out  of  any  court  of  the  United  States  is  disobeyed  or 
resisted  by  any  person  having  the  custody  of  any  vessel  of  war,  cruiser, 
or  other  armed  vessel  of  any  foreign  prince  or  state,  or  of  any  colony, 
district,  or  people,  or  of  any  subjects  or  citizens  or  any  foreign  prince 
or  state,  or  of  any  colony,  district,  or  people,  it  shall  be  lawful  for  the 
President,  or  such  other  person  as  he  shall  have  empowered  for  that 
purpose,  to  employ  such  part  of  the  land  or  naval  forces  of  the  United 
States,  or  of  the  militia  thereof,  for  the  purpose  of  taking  possession  of 
and  detaining  any  such  vessel,  with  her  prizes,  if  any,  in  order  to  the 
execution  of  the  prohibitions  and  i)enalties  of  this  Title,  and  to  the  re- 
storing of  such  prizes  in  the  cases  in  which  restoration  shall  be  adjudged; 
and  also  for  the  purpose  of  preventing  the  carrying  on  of  any  such  ex- 
pedition or  enterprise  from  the  territories  or  jurisdiction  of  the  United 
States  against  the  territories  or  dominions  of  any  foreign  prince  or  state, 
or  of  any  colony,  district,  or  people  with  whom  the  United  States  are 
at  peace. 

Sec.  5288.  It  shall  be  lawful  for  the  President,  or  such  person  as  he 
shall  empower  for  that  purpose,  to  employ  such  part  of  the  land  or  naval 
forces  of  the  United  States,  or  of  the  militia  thereof,  as  shall  be  neces- 
sary to  compel  any  foreign  vessel  to  depart  the  United  States  in  all 
cases  in  which,  by  the  laws  of  nations  or  the  treaties  of  the  United 
States,  she  ought  not  to  remain  within  the  United  States. 

Sec.  oi:S9.  The  owners  or  consignees  of  every  armed  vessel  sailing 
ont  of  the  ports  of  the  United  States,  belonging  wholly  or  in  part  to 
citizens  thereof,  shall,  before  clearing  out  the  same,  give  bond  to  the 
United  States,  with  sufficient  sureties,  in  double  the  amount  of  the  value 
of  the  vessel  and  cargo  on  board,  including  her  armament,  conditioned 
that  the  vessel  shall  not  be  employed  by  such  owners  to  cruise  or  com- 
mit hostilities  against  the  subjects,  citizens,  or  property  of  any  foreign 
prince  or  state,  or  of  any  colony,  district,  or  people,  with  whom  the 
United  States  are  at  peace. 

Sec.  52U().  The  several  collectors  of  the  customs  shall  detain  any  vessel 
manifestly  built  for  warlike  purposes,  and  about  to  depart  the  United 
States,  the  cargo  of  which  principally  consists  of  arms  and  munitions  of 
war,  when  the  number  of  men  ship[)ed  on  board,  or  other  circumstances, 
render  it  i)iobal)le  tiiatsuch  vessel  is  intende<l  to  be  employed  by  theown- 
ers  to  cruise  or  commit  hostilities  upon  the  subjects,  citizens,  or  property 
of  any  foicign  prince  or  state,  or  of  any  colony,  district,  or  people  with 
whom  the  Uni  t  ed  States  are  at  i)e<ice,  until  the  decision  of  the  President  is 
had  thereon,  or  until  the  owner  gives  such  bon<l  and  security  as  is  re- 
quired of  the  owners  of  armed  vessels  by  the  preceding  section. 

Sec.  5291.  The  pro\  isioiis  of  this  Tille  sliall  not  be  construed  to  extend 
to  any  subject  or  citizen  of  any  ioreign  prince,  state,  colony,  district,  or 
people  who  is  transiently  within  the  United  States,  and  enlists  or  enters 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       231 

himself  on  board  of  any  vessel  of  war,  letter  of  marque,  or  privateer^ 
which  at  the  time  of  its  arrival  within  the  Uuiteil  States  was  fitted 
and  equipped  as  such,  or  hires  or  retains  another  subject  or  citizen  of  the 
same  foreign  i)rince,  state,  colony,  district,  or  people,  who  is  transiently 
within  the  (Juited  States,  to  enlist  or  enter  himself  to  serve  such  foreign 
prince,  state,  colony,  district,  or  people,  on  board  such  vessel  of  war, 
letter  of  marque,  or  privateer,  if  the  United  States  shall  then  be  at  peace 
with  such  foreign  prince,  state,  colony,  district,  or  people.  Nor  shall 
they  be  construed  to  prevent  the  prosecution  or  punishment  of  treason,, 
or  of  any  piracy  defined  by  the  laws  of  the  United  States. 


PART  XI. 


1.  ixsurrectioxs  and  unlawful  tkade. 

2.  Crimes. 

3.  Remission  of  penalties. 

4.  PlHACY   AND   trials. 

5.  Slave  trade. 

6.  Prize. 


1.— INSURRECTIONS  AND  UNLAWFUL  TRADE.* 

(Revised  Statutes,  Title  L[X]IX.) 

Sec.  5301.  Whenever  the  President,  in  pursuance  of  the  provisions 
of  this  Title,  has  called  forth  the  militia  to  suppress  combinations 
against  the  laws  of  the  United  States,  and  to  cause  the  laws  to  be  duly 
executed,  and  the  insurgents  shall  have  failed  to  disperse  by  the  time 
directed  by  the  President,  and  when  the  insurgents  claim  to  act  under 
the  authority  of  any  State  or  States,  and  such  claim  is  not  disclaimed 
or  repudiated  by  the  persons  exercising  the  functions  of  government  in 
such  State  or  States,  or  in  the  part  or  parts  thereof  in  which  such  com- 
bination exists,  and  such  insurrection  is  not  suppressed  by  such  State  or 
States,  or  whenever  the  inhabitants  of  any  State  or  part  thereof  are  at 
any  time  found  by  the  President  to  be  in  insurrection  against  the  United 
States,  the  President  may,  by  proclamation,  declare  that  the  inhabitants 
of  such  State,  or  of  any  section  or  part  thereof  where  such  insurrection 
exists,  are  in  a  state  of  insurrection  against  the  United  States;  and 
thereupon  all  commercial  intercourse  by  and  between  the  same  and  the 
citizens  thereof  and  the  citizens  of  the  rest  of  the  United  States  shall 

*Tbe  right  of  search  is  a  belligerent  right  only,  which  must  be  conducted  with  as 
much  regard  to  the  safety  of  the  vessel  detained  as  is  consistent  with  a  thorough  ex- 
amination of  her  character  and  voyage. —(O/)iHi0H  Attorney-General  in  Antelope  case.) 

Ulockadc,  5334  It.  S.: 

The  act  of  dispatching  an  American  vessel  in  ballast  from  a  port  of  the  Uuited 
States  with  an  immediate  destination  to  a  neutral  and  an  ulterior  destination  to  a 
blockaded  i)ort,  with  a  cargo  taken  in  at  such  neutral  i)ort,  is  an  otfeuse  against  the 
United  States  under  section  5334  R.  S.—{Oj)inion  Attorney-General,  1863.) 
46-25: 

After  a  regular  condemnation  of  a  vessel  and  cargo  in  a  prize  court  for  breach  of 
blockade  the  President  cannot  remit  the  forfeiture  and  restore  the  property  or  its 
proceeds  to  the  claimants. — (Ibid,  IHti'S.) 

That  a  belligerent  may  lawfully  blockade  the  port  of  his  enemy  is  admitted.  But 
It  is  also  admitted  that  this  blockade  does  not,  according  to  modern  usage,  extend  to 
a  neutral  vessel  found  in  i)ort  nor  prevent  her  coming  out  with  cargo  wbich  was  on 
board  when  the  blockade  was  instituted.  If,  then,  such  a  vessel  be  restrained  from 
proceeding  on  her  voyage  by  the  blockading  squadron  the  restraint  is  unlawful. — 
{Opinion  Attorney- General.) 

It  is  a  settled  rule  that  a  vessel  in  a  blockaded  port  is  presumeil  to  have  notice  of  a 
blockade  as  soon  as  it  commences. 

i>33 


234  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

cease  aud  be  unlawful  80  loug  as  such  a  condition  of  hostility  shall 
continue;  and  all  goods  and  chattels,  wares  and  merchandise,  coming 
from  such  State  or  section  into  the  other  parts  of  the  United  States,  or 
proceeding-  from  other  parts  of  the  United  States  to  such  State  or  sec- 
tion, by  land  or  water,  shall,  together  with  the  vessel  or  vehicle  con- 
veying the  same,  or  conveying  persons  to  or  from  such  State  or  section, 
be  forfeited  to  the  United  States. 

Sec.  5302.  Whenever  any  part  of  a  State  not  declared  to  be  in  insur- 
rection is  under  the  control  of  insurgents,  or  is  in  dangerous  proximity 
to  places  under  their  control,  all  commercial  intercourse  therein  and 
therewith  shall  be  subject  to  the  prohibitions  and  conditions  of  the  pre- 
ceding section  for  such  time  and  to  such  extent  as  shall  become  neces- 
sary to  protect  the  public  interests,  and  be  directed  by  the  Secretary  of 
the  Treasury,  with  the  approval  of  the  President. 

Sec.  5303.  The  provisions  of  this  Title  in  relation  to  commercial  in- 
tercourse shall  ai)ply  to  all  commercial  intercourse  by  and  between  per- 
sons residing  or  being  within  districts  within  the  lines  of  national  mili- 
tary occupation  in  the  Slates  or  parts  of  States  declared  in  insurrection, 
whether  with  each  other  or  with  persons  residing  or  being  within  dis- 
tricts declared  in  insurrection  and  not  within  those  lines ;  and  all  per- 
sons within  the  United  States,  not  native  or  naturalized  citizens  thereof, 
shall  be  subject  to  the  same  prohibitions,  in  all  commercial  intercourse 
with  inhabitants  of  States  or  parts  of  States  declared  in  insurrection, 
as  citizens  of  States,  not  declared  to  be  in  insurrection. 

Sec.  5304.  The  President  may,  in  his  discretion,  license  and  permit 
commercial  intercourse  with  any  part  of  such  State  or  section,  the  in- 
habitants of  which  are  so  declared  in  a  state  of  insurrection,  so  far  as  may 
be  necessary  to  authorize  supplying  the  necessities  of  loyal  persons  re- 
siding in  insurrectionary  States,  within  the  lines  of  actual  occupation  by 
the  military  forces  of  the  United  States,  as  indicated  by  published  order 
of  the  commanding  general  of  the  department  or  district  so  occupied; 
and,  also,  so  far  as  may  be  necessary  to  authorize  persons  residing  within 
such  lines  to  bring  or  send  to  market  in  the  loyal  States  any  products  which 
they  shall  have  produced  with  their  own  labor  or  the  labor  of  freedraen, 
or  others  employed  and  paid  by  them,  pursuant  to  ruUs  relating  thereto, 
which  may  be  established  under  proper  authority.  And  no  goods,  wares, 
or  merchandise  shall  be  taken  into  a  State  declared  in  insurrection,  or 
transported  therein,  except  to  and  from  such  places  and  to  such  monthly 
amounts  as  shall  have  been  previously  agreed  upon,  in  writing,  by  the 
commanding  general  of  the  department  in  which  such  places  are  situ- 
ated, and  an  officer  designated  by  the  Secretary  of  the  Treasury  for  that 
purpose.  Such  commercial  intercourse  shall  be  in  such  articles  and  for 
such  time  and  by  such  persons  as  the  President,  in  his  discretion,  may- 
think  most  conclucive  to  the  public  interest;  and,  so  far  as  by  him  li- 
censed, shall  be  conducted  and  carried  on  only  in  pursuance  of  rules  and 
regulations  i)rescribed  by  the  Secretary  of  the  Treasury. 

Sec.  5305.  The  Secretary  of  the  Treasury  may  appoint  such  officers 
at  ]ilaces  where  officers  of  the  customs  are  not  now  authorized  by  law 
as  may  be  needed  to  carry  into  effect  such  licenses,  rules,  and  regula- 
tions. In  all  cases  where  officers  of  the  customs,  or  other  salaried  offi- 
cers, are  a])i)ointed  by  him  to  carry  into  effect  ^•uch  licenses,  rules,  and 
regulations,  such  officer  shall  be  entitled  to  receive  one  thousand  dol- 
lars a  year  for  his  services,  in  addition  to  his  salary  or  compensation 
under  any  other  law.  But  the  aggregate  compensation  of  any  such  offi- 
cer shall  not  exceed  the  sum  of  five  thousand  dollars  in  any  one  year. 

Sec.  530G.  Every  officer  of  the  United  States,  civil,  military,  or  naval, 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  235 

and  every  sutler,  soldier,  marine,  or  other  person,  wlio  takes,  or  causes 
to  be  taken  into  a  State  declared  to  be  in  insurrection,  or  to  any  other 
point  to  be  thence  taken  into  such  State,  or  who  transports  or  sells,  or 
otherwise  disposes  of  therein,  any  goods,  wares,  or  merchandise  what- 
soever, except  in  pursuance  of  license  and  authority  of  the  President, 
as  provideil  in  this  Title,  or  who  makes  any  false  statement  or  repre- 
sentation upon  which  license  and  authority  is  granted  for  such  trans- 
portation, sale,  or  other  disposition,  or  who,  under  any  license  or  author- 
ity obtained,  willfully  and  knowingly  transports,  sells,  or  otherwise 
disposes  of  any  other  goods,  wares,  or  merchandise  than  such  as  are  in 
good  taith  so  licensed  and  authorized,  or  who  willfully  and  knowingly 
transports,  sells,  or  disposes  of  the  same,  or  any  portion  thereof,  in  vio- 
lation of  the  terms  of  such  license  or  authority,  or  of  any  rule  or  regu- 
lation prescribed  by  the  Secretary  of  the  Treasury  concerning  the  same, 
or  who  is  guilty  of  any  act  of  embezzlement,  of  willful  misappropriation 
of  public  or  private  money  or  property,  of  keeping  false  accounts,  or  of 
willfully  making  any  false  returns,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall  be  fined  not  more  than  five  thousand  dollars,  and 
imprisoned  in  the  penitentiary  not  more  than  three  years.  Violations 
of  this  section  shall  be  cognizable  before  any  court,  civil  or  military, 
competent  to  trv  the  same. 

Sec.  5307.  It'shall  be  the  duty  of  the  Secretary  of  the  Treasury,  from 
time  to  time,  to  institute  such  investigations  as  may  be  necessary  to  de- 
tect and  prevent  frauds  and  abuses  in  any  trade  or  transactions  which 
may  be  licensed  between  inhabitants  of  loyal  States  and  of  States  in 
insurrection.  And  the  agents  making  such  investigations  shall  have 
power  to  compel  the  attendance  of  witnesses,  and  to  make  examinations 
on  oath. 

Sec.  5308.  Whenever  during  any  insurrection  against  the  Govern- 
ment of  the  United  States,  after  the  President  shall  have  declared  by 
proclamation  that  the  laws  of  the  United  States  are  opposed,  and  the 
execution  thereof  obstructed,  by  combinations  too  powerful  to  be  sup- 
pressed by  the  ordinary  course  of  judicial  proceedings,  or  by  the  power 
vested  in  the  marshals  by  law,  any  person,  or  his  agent,  attorney,  or  em- 
plove,  purchases  or  acquires,  sells  or  gives,  any  property  of  whatsoever 
kind  or  description,  with  intent  to  use  or  employ  the  same,  or  suffers 
the  same  to  be  used  or  employed  in  aiding,  abetting,  or  promoting  such 
insurrection  or  resistance  to  the  laws,  or  any  person  engaged  therein; 
or  being  the  owuer  of  any  such  property,  knowingly  uses  or  employs, 
or  consents  to  such  use  or  employment  of  the  same,  all  such  property 
shall  be  lawful  subject  of  prize  and  capture  wherever  found  ;  and  it  shall 
be  the  duty  of  the  President  to  cause  the  same  to  be  seized,  confiscated, 
and  condemned. 

Sec.  5309.  Such  prizes  and  capture  shall  be  condemned  in  the  district 
or  circuit  court  of  the  United  States  having  jurisdiction  of  the  amount, 
or  in  admiralty  in  any  district  in  which  the  same  may*  be  seized,  or 
into  which  they  may  be  taken  and  proceedings  first  instituted. 

Skc.  5310.  No  property  seized  or  taken  upon  any  of  the  inland  waters 
of  tiie  United  States  by  the  naval  forces  thereof  shall  be  regarded  as 
maritime  prize;  but  all"  property  so  seized  or  taken  shall  be  promptly 
delivered  to  the  proper  officers  of  the  courts. 

Sec.  5311.  The  Attorney-Genera!,  or  the  attorney  of  the  United  States 
for  any  judicial  district  iii  which  such  property  may  at  the  time  be,  may 
institute  the  proceedings  of  condemnation,  and  in  such  case  they  shall 

»  See  Act  of  Augast  6, 1861,  chap.  60,  sec.  2. 


236  NAVIGATIOJf   LAWS    OF    THE    UNITED    STATES. 

be  wholly  for  the  benefit  of  the  United  States;  or  any  person  may  file 
an  information  with  such  attorney,  in  which  case  the  proceedings  shall 
be  for  the  use  of  such  informer  and  the  United  States  in  equal  parts. 

Sec.  5312.  The  Secretary  of  tlie  Treasury  is  authorized  to  prohibit 
and  prevent  the  transportation  in  any  vessel,  or  upon  any  railroad,  turn- 
pike, or  other  road  or  means  of  transportation  within  the  United  States, 
of  any  property,  whatever  may  be  the  ostensible  destination  of  the  same, 
in  all  cases  where  there  are  satisfactory  reasons  to  believe  that  such 
property  is  intended  for  any  place  in  the  possession  or  under  the  con- 
trol of  insurgents  against  tlie  United  States,  or  that  there  is  imminent 
danger  that  such  pro])erty  will  fall  into  the  possession  or  under  the  con- 
trol of  such  insurgents;  and  he  is  further  authorized,  in  all  cases  where 
he  deems  it  expedient  so  to  do,  to  require  reasonable  security  to  be  given 
that  property  shall  not  be  transported  to  any  place  under  insurrection- 
ary control,  and  shall  not,  in  any  way,  be  used  to  give  aid  or  comfort  to 
such  insurgents;  and  he  may  establish  all  such  general  or  special  reg- 
ulations as  may  be  necessary  or  proper  to  carry  into  effect  the  purposes 
of  this  section;  and  if  any  i)roi)erty  is  transi)orted  in  violation  of  this 
act,  or  of  any  regulation  of  the  Secretary  of  the  Treasury,  established  in 
pursuance  thereof,  or  if  any  attempt  shall  be  made  so  to  transport  any, 
it  shall  be  forfeited. 

Sec.  5313.  All  persons  in  the  military  or  naval  service  of  the  United 
States  are  prohibited  from  buying  or  selling,  trading,  or  in  any  way  deal- 
ing in  captured  or  abandoned  property,  whereby  they  shall  receive  or 
expect  any  i^rofit,  benefit,  or  advantage  to  themselves,  or  any  other  jier- 
son,  directly  or  indirectly  connected  with  them;  and  it  shall  be  the  duty 
of  such  person  whenever  such  property  comes  into  his  ])ossession  or 
custody,  or  within  his  control,  to  give  notice  thereof  to  some  agent,  ap- 
pointed by  virtue  of  this  Title,  and  to  turn  the  same  over  to  such  agent 
without  delay.  Any  oflScer  of  the  United  States,  civil,  military,  or 
naval,  or  any  sutler,  soldier,  or  marine,  or  other  person  who  shall  vio- 
late any  provision  of  this  section,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall  be  fined  not  more  than  five  thousand  dollars,  and 
imprisoned  in  the  penitentiary  not  more  than  three  years.  Violations 
of  this  section  shall  be  cognizable  before  any  court,  civil  or  military, 
comi)etent  to  try  the  same. 

Se(^  5314.  Whenever  the  President  shall  deem  it  impracticable,  by 
reason  of  unlawful  combinations  of  ])ersons  in  opposition  to  the  laws 
of  the  United  States,  to  collect  the  duties  on  imports  in  the  ordinary 
way,  at  any  port  of  entry  in  any  collection-district,  he  may  cause  such 
duties  to  be  collected  at  any  port  of  delivery  in  the  district  until  such 
obstruction  ceases;  in  such  case  the  surveyor  at  such  port  of  delivery 
shall  have  the  powers  and  be  subject  to  all  the  obligations  of  a  collector 
at  a  port  of  entry.  The  Secretary  of  the  Treasury,  with  the  approval 
of  the  President,  shall  also  appoint  such  weighers,  gangers,  measurers, 
inspectors,  appraisers,  and  clerks  as  he  may  deem  necessary,  for  the 
faithful  execution  of  the  revenue  laws  at  such  port  of  delivery,  and 
shall  establish  the  limits  within  which  such  port  of  delivery  is  consti- 
tuted a  port  of  entry.  And  nil  the  provisions  of  law  regulating  the 
issue  of  marine  pai)ers,  the  coasting-trade,  the  warehousing  of  imi»orts, 
and  the  collectU)u  of  duties,  shall  apply  to  the  ports  of  entry  thus  con- 
stituted, in  the  same  manner  as  they  do  to  ports  of  entry  established 
by  law. 

Sec.  5315.  Whenever,  at  any  port  of  entry,  the  duties  on  imports  can- 
not, in  the  judgment  of  the  President,  be  collected  in  the  ordinary  waj', 
or  by  the  course  i)rovided  in  the  i^receding  section,  by  reason  of  the 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  237 

cause  mentioned  therein,  he  may  direct  that  the  custom  house  for  the 
district  be  established  in  any  secure  i)hice  within  the  district,  either  on 
land  or  on  board  any  vessel  in  the  district,  or  at  sea  near  the  coastj 
and  in  such  case  the  collector  shall  reside  at  such  place,  or  on  ship- 
board, as  the  case  may  be,  and  there  detain  all  vessels  and  cargoes 
arriving  within  or  approaching  the  district,  until  the  duties  imposed  by 
law  on  such  vessels  and  their  cargoes  are  paid  in  cash.  But  if  the 
owner  or  consignee  of  the  caigo  on  board  any  vessel  thus  detained,  or 
the  master  of  the  vessel,  desires  to  enter  a  port  of  entry  in  any  other 
district  where  no  such  obstructions  to  the  execution  of  the  laws  exist, 
the  master  may  be  permitted  so  to  change  the  destination  of  tlie  vessel 
and  cargo  in  his  manifest;  whereupon  the  collector  shall  deliver  him  a 
written  i)ermit  to  proceed  to  the  port  so  designated.  And  the  Secre- 
tary of  the  Treasury,  with  the  approval  of  the  President,  sliall  make 
proper  regulations  for  the  enforcement  on  shipboard  of  such  provisions 
of  the  laws  regulating  the  assessment  and  collection  of  duties  as  in  his 
judgment  niay  be  necessary  and  practicable. 

S'ec.  5310.  It  shall  be  unlawlul  to  take  any  vessel  or  cargo  detained 
under  the  preceding  section  from  the  custody  of  the  proper  ofiBcers  of 
the  customs,  unless  by  process  of  some  court  of  the  United  States ;  and 
in  case  of  any  attempt  otherwise  to  take  such  vessel  or  cargo  by  any 
force,  or  combination,  or  assemblage  of  persons,  too  great  to  be  over- 
come by  the  officers  of  the  customs,  the  President,  or  such  person  as  he 
shall  have  empowered  for  that  purpose,  may  employ  such  ])art  of  the 
Army  or  Navy  or  militia  of  the  United  States,  or  such  force  of  citizen 
volunteers  as  may  be  necessary,  to  prevent  the  removal  of  such  vessel 
or  cargo,  and  to  protect  the  officers  of  the  customs  in  retaining  the  cus- 
tody thereof. 

Sec.  5317.  Whenever,  in  anycollection-district,  the  duties  on  imports 
cannot,  in  the  judgment  of  the  President,  be  collected  in  the  ordinary 
way,  nor  in  the  manner  provided  by  the  three  preceding  sections,  by 
reason  of  the  cause  mentioned  in  section  fifty-three  hundred  and  four- 
teen, the  President  may  close  the  port  of  entry  in  that  district ;  and 
shall  in  such  case  give  notice  thereof  by  proclamation.  And  thereupon 
all  right  of  importation,  warehousing,  and  other  privileges  incident  to 
ports  of  entry  shall  cease  and  be  discontinued  at  such  port  so  closed 
until  it  is  opened  by  the  order  of  the  President  on  the  cessation  of  such 
obstructions.  Every  vessel  from  beyond  the  United  States,  or  having 
on  board  any  merchandise  liable  to  duty,  which  attempts  to  enter  any 
port  which  has  been  closed  under  this  section,  shall,  with  her  tackle,  ap- 
parel, furniture,  and  cargo,  be  forfeited. 

Sec.  5318.  In  the  execution  af  laws  providing  for  the  collection  of 
duties  on  imports  and  tonnage,  the  President,  in  addition  to  the  reve- 
nue-cutters in  service,  may  employ  in  aid  thereof  such  other  suitable 
vessels  as  may,  in  his  judgement,  be  required. 

Sec.  5319.  Prom  and  after  fifteen  days  after  the  issuing  of  the  proc- 
lamation, as  provided  in  section  fifty-three  hundred  and  one,  any  ves- 
sel belonging  in  whole  or  in  part  to  any  citizen  or  inhabitant  of  such 
State  or  part  of  a  State  whose  inhabitants  are  so  declared  in  a  state  of 
insurrection,  found  at  sea,  or  in  any  port  of  the  rest  of  the  United  States, 
shall  be  forfeited. 

Sec.  5320.  The  Secretary  of  the  Treasury  is  authorized  to  refuse  a 
clearance  to  any  vessel  or'^other  vehicle  laden  with  merchandise,  des- 
tined for  a  foreign  or  domestic  port,  whenever  he  shall  have  satisfactory 
■  reason  to  believe  that  such   merchandise,  or  any  part  thereof,  what- 
ever may  be  its  ostensible  destination,  is  intended  for  ports  in  possession 


238  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

or  under  control  of  insurgents  against  the  United  States  ;  and  if  any. 
vessel  for  which  a  clearance  or  permit  has  been  refused  by  the  Secre- 
tary of  the  Treasury,  or  by  his  order,  shall  depart  or  attempt  to  depart 
for  a  foreign  or  domestic  port  without  being  duly  cleared  or  permitted, 
such  vessel,  with  her  tackle,  apparel,  furniture,  and  cargo,  shall  be 
forfeited. 

Sec.  5321.  Whenever  a  permit  or  clearance  is  granted  for  either  a 
foreign  or  domestic  port,  it  shall  be  lawful  for  the  collector  of  the 
customs  granting  the  same,  if  he  deems  it  necessary,  under  the  circum- 
stances of  the  case,  to  require  a  bond  to  be  executed  by  the  master  or 
the  owner  of  the  vessel,  in  a  peiuilty  equal  to  the  value  of  the  cargo, 
and  with  sureties  to  the  satisfaction  of  such  collector,  that  the  cargo 
sUall  be  delivered  at  the  destination  for  which  it  is  cleared  or  permitted, 
and  that  no  part  thereof  shall  be  used  in  affording  aid  or  comfort  to  any 
person  or  parties  in  insurrection  against  the  authority  of  the  United 
States. 

Sec.  5322.  In  all  cases  wherein  any  vessel,  or  other  property,  is  con- 
demned in  any  proceeding  by  virtue 'of  any  laws  relating  to  insurrec- 
tion or  rebellion,  the  court  rendering  judgment  of  condemnation  shall, 
notwithstanding  such  condemnation,  and  before  awarding  such  vessel, 
or  other  proi)erty,  or  the  proceeds  thereof,  to  the  United  States,  or  to 
any  informer,  first  provide  for  the  payment,  out  of  the  proceeds  of  such 
vessel,  or  other  property,  of  any  boua-fide  claims  which  shall  be  tiled  by 
any  loyal  citizen  of  the  United  States,  or  of  any  foreign  state  or  power 
at  peace  and  amity  with  the  United  States,  intervening  in  such  pro- 
ceeding, and  which  shall  be  duly  established  by  evidence  as  a  valid 
claim  against  such  vessel,  oi-  other  property,  under  the  laws  of  the 
United  States  or  of  any  State  thereof  not  declared  to  be  in  insurrection. 
No  such  claim  shall  be  allowed  in  any  case  where  the  claimant  has 
knowingly  participated  in  the  illegal  use  of  such  ship,  vessel,  or  other 
property.  This  section  shall  extend  to  such  claims  only  as  might  have 
been  enforced  specifically  against  such  vessel,  or  other  property,  in  any 
State  not  declared  to  be^in  insurrection,  wherein  such  claim  arose. 


2.— CRIMES. 


GENERAL   PROVISIONS. 

(Revised  Statutes,  Title  LXX,  chap.  1.) 

Sec.  5330.  Whenever,  by  the  judgment  of  any  court  or  judicial  officer 
of  the  United  States,  in  any  criminal  proceedings,  any  person  is  sen- 
tenced to  two  kinds  of  punishment,  the  one  pecuniary  and  the  other 
corporal,  the  President  shall  have  full  discretionary  power  to  pardon  or 
remit,  in  whole  or  in  part,  either  one  of  the  two  kinds,  without,  in  any 
manner,  impairing  the  legal  validity  of  the  other  kind,  or  of  any 
portion  of  either  kind,  not  pardoned  or  remitted. 


CRIMES  ARISING  WITHIN  THE    MARITIME   AND    TERRITORIAL  JURIS- 
DICTION  OF   THE   UNITED   STATES. 

(Revised  Statutes,  chap.  3.) 

Sec.  5344.  Every  captain,  engineer,  pilot,  or  other  person  employed 
on  any  steamboat  or  vessel,  by  whose  misconduct,  negligence,  or  in- 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  239 

attention  to  bis  duties  on  such  vessel,  the  life  of  any  person  is  destroyed, 
and  every  owner,  inspector,  or  other  public  officer,  through  whose 
fraud,  connivance,  misconduct,  or  violation  of  law,  the  life  of  any  person 
is  destroyed,  shall  be  deemed  guilty  of  manslaughter,  and,  upon  convic- 
tion thereof  before  any  circuit  court  of  the  United  States,  shall  be  sen- 
tenced to  confinement  at  hard  labor  for  a  period  of  not  more  than  ten 
years. 

Sec.  5347.  Every  master  or  other  officer  of  any  American  vessel  on 
the  high  seas,  or  on  any  other  waters  within  the  admiralty  and  mari- 
time jurisdiction  of  the  United  States,  who,  from  malice,  hatred,  or  re- 
venge, and  without  justifiable  cause,  beats,  wounds,  or  imprisons  any 
of  the  crew  of  such  vessel,  or  withholds  from  them  suitable  food  and 
nourishment,  or  inflicts  upon  them  any  cruel  and  unusual  punishment, 
shall  be  punished  by  a  fine  of  not  more  than  one  thousand  dollars,  or 
by  imprisonment  not  more  than  five  years,  or  by  both. 

*Sec.  5353.  Every  person  who  knowingly  transports,  or  delivers  or 
causes  to  be  delivered,  nitroglycerine,  nitroleum  or  blasting-oil,  or 
nitrated  oil,  or  powder  mixed  with  any  such  oil,  or  fiber  saturated  with 
any  such  substance  or  article,  on  board  any  vessel  or  vehicle  whatever, 
employed  in  conveying  passengers  by  land  or  water  between  any  place 
in  a  foreign  country  and  any  place  within  the  United  States,  or  between 
a  place  in  one  State,Territory,  or  district  of  the  United  States  and  a  place 
in  any  other  State,  Territory,  or  district  thereof,  shall  be  punished  by  a 
fine  of  not  less  than  one  thousand  dollars  nor  more  than  ten  thousand 
dollars  ;  one-half  to  the  use  of  the  informer. 

*  Sec.  5354.  When  the  death  of  any  person  is  caused  by  the  explo- 
sion of  any  quantity  of  such  articles,  or  either  of 'them,  while  the  same 
is  being  placed  upon  any  vessel  or  vehicle,  to  be  transported  in  viola- 
tion of  the  preceding  section,  or  while  the  same  is  being  so  transported, 
or  while  the  same  is  being  removed  from  such  vessel  or  vehicle,  every 
person  who  knowingly  placed  or  aided,  or  permitted  the  placing  of  such 
articles  upon  such  vessel  or  vehicle,  to  be  so  transported,  is  gudty  of 
manslaughter,  and  shall  suffer  imprisonment  for  a  period  not  less  than 
two  years. 

*  Sec.  5355.  Every  person  who  knowingly  ships,  sends,  or  forwards 
any  quantity  of  the  articles  mentioned  in  section  fifty  three  hundred  and 
fifty-three,  or  who  transports  the  same  by  any  mode  of  conveyance  upon 
land  or  water,  between  any  of  the  places  si)ecified  in  that  section,  un- 
less such  articles  be  securely  inclosed,  deposited,  or  packed  in  a 
metallic  vessel  surrounded  by  plaster  of  Paris,  or  other  non-explosive 
material  when  saturated  with  such  oil,  and  separated  from  all  other 
substances,  and  the  outside  of  the  package  be  marked,  printed,  or  la- 
beled in  a  conspicuous  manner  with  the  words  "  Nitro  g-lycbrine; 
DANGEROUS,"  shall  be  punished  by  a  fine  of  not  less  than  one  thousand 
nor  more  than  five  thousand  dollars ;  one-half  to  the  use  of  the  in- 
former. 

Sec.  5358.  Every  person  who  plunders,  steals,  or  destroys  any  money, 
goods,  merchandise,  or  other  effects,  from  or  belonging  to  any  vessel  in 
distress,  or  wrecked,  lost,  stranded,  or  cast  away,  upon  the  sea,  or  upon 
any  reef,  shoal,  bank,  or  rocks  of  the  sea,  or  in  any  other  place  within 
the  admiralty  and  maritime  jurisdiction  of  the  United  States;  and 
every  person  who  willfully  obstructs  the  escape  of  any  person  endeav- 
oring to  save  his  life  from  such  vessel,  or  the  wreck  thereof;  and  every 
person  who  holds  out  or  shows  any  false  light,  or  extinguishes  any  true 

•  See  sec.  4278-4280. 


240  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

light,  with  intent  to  bring  any  vessel,  sailing  upon  the  sea,  into  danger, 
or  distress,  or  shipwreck,  shall  be  punished  by  a  fine  of  not  more  than 
five  thousand  dollars,  and  imprisoned  at  hard  labor  not  more  than  ten 
years.* 

Sec.  5363.  Every  master  or  commander  of  any  vessel  belonging,  iu 
whole  or  part,  to  any  citizen  of  the  United  States,  who,  during  his 
being  abroad,  maliciously  and  without  justifiable  cause  forces  any  officer 
or  mariner  of  such  vessel  on  shore,  in  order  to  leave  liim  behind  in  any 
foreign  port  or  place,  or  refuses  to  bring  home  again  all  such  offi- 
cers and  mariners  of  such  vessel  whom  he  carried  out  with  him  as  are 
in  a  condition  to  return  and  willing  to  return,  when  he  is  ready  to  pro- 
ceed on  his  homeward  voyage,  shall  be  punished  by  a  fine  of  not  more 
than  five  hundred  dollars,  or  by  imprisonment  not  more  than  six 
months. 


FORGERIES,  FRAUDS,  ETC. 

(Revised  Statutes,  cliap.  5.) 

Sec.  5417.  Every  person  who  forges,  counterfeits,  or  falsely  alters 
any  certificate  of  entry  made  or  required  to  be  made  in  pursuance  of 
law  by  any  officer  of  the  customs, or  who  uses  such  forged,  counterfeited, 
or  falsely  altered  certificate,  knowing  the  same  to  be  forged,  counter- 
feited, or  falsely  altered,  shall  be  punished  by  a  fine  of  not  more  thau 
ten  thousand  dollars  and  by  imprisonment  at  hard  labor  not  more  than 
three  years. 

Sec.  5423.  If  any  i^erson  falsely  makes,  forges,  counterfeits,  or  alters 
any  instrument  in  imitation  of,  or  purporting  to  be,  an  abstract  or  offi- 
cial copy,  or  certificate  of  the  recording,  registry,  or  enrollment  of  any 
vessel,  in  the  office  of  any  collector  of  the  customs,  or  a  license  to  any 
vessel,  for  carrying  on  the  coasting  trade,  or  fisheries  of  the  United 
States,  or  a  certificate  of  ownership,  pass,  passport,  sea-letter,  or  clear- 
ance, granted  for  any  vessel,  under  the  authority  of  the  United  States, 
or  a  permit,  debenture,  or  other  official  document,  granted  by  any  col- 
lector or  other  officer  of  the  customs,  by  virtue  of  his  office  ;  or  passes, 
utters,  or  publishes,  or  attempts  to  pass,  utter,  or  publish,  as  true,  any 
such  false,  forged,  counterfeited,  or  falsely  altered  instrument,  abstract^ 
official  copy,  certificate,  license,  pass,  passport,  sea-letter,  clearance, 
permit,  debenture,  or  other  official  document  herein  specified,  knowing 
the  same  to  be  false,  forged,  counterfeited,  or  falsely  altered,  with  an 
intent  to  defraud,  he  shall  be  punished  by  a  fine  of  not  more  than  one 
thousand  dollars,  and  by  imprisonment  at  hard  labor  not  more  than 
three  years. 

Sec.  5441.  Every  person  who  willfully  does  any  act  or  aids  or  advises 
in  the  doing  of  any  act  relating  to  the 'bringing  in,  custody,  preserva- 
tion, sale,  or  other  disposition  of  any  property  captured  as  prize,  or 
relating  to  any  documents  or  papers  connected  with  the  property,  or  to 
any  deposition  or  other  document  or  paper  connected  with  the  pro- 
ceedings, with  intent  to  defraud,  delay,  or  injure  the  United  States  or 
any  captor  or  claimant  of  such  property,  shall  be  punished  by  a  fine  of 
not  more  than  ten  thousand  dollars,  or  by  imprisonment  not  more  than 
five  years,  or  both. 

*  See  sees.  4674  and  4676. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  241 

*  Sec.  54:41*.  Every  consul,  vH-e-coiisul,  coininercial  ai^ont,  or  vice- 
coiiiniereiiil  aji,vi)t,  who  knowingly  and  laUely  certifies  to  any  invoice, 
or  other  |)ai)ers  to  which  his  certificate  is  by  hiw  authorized  or  recjuired, 
shall  be  punished  by  a  tine  of  not  more  than  ten- thousaiul  dollars,  and 
by  imprisonment  for  a  term  not  more  than  three  years. 

Se('.  54:43.  Every  person  who  willfullv  conceals  or  destioys  any  in- 
voice, book,  or  paper  relating-  to  any  merchandise  liable  to  duty,  which 
has  been  or  may  be  imported  into  the  United  States  from  any  fbreinu 
l)ort  or  country,  after  an  inspection  thereof  has,  been  demanded  by  the 
collector  of  any  collection,-district,  uv  at  any  time  conceals  or  destroys 
auy  such  invoice,  book,  or  paper  for  the  purpose  of  supi)ressin;Lj  any 
evidence  of  fraud  therein  contained,  shall  be  punished  by  a  fine  of  not 
more  than  live  thousand  dollars,  or  by  imi)risonment  not  more  than  two 
years,  or  both. 

Sec.  5444.  Every  officer  of  the  levenue  who,  by  any  means  what- 
ever, knowin-ily  admits  or  aids  in  admitting-  to  entiy  any  goods, 
waies,  or  merchandise,  upon  i)ayment  of  less  than  the  amount  of  duty 
legally  due  thereon,  shall  be  removed  from  office,  and  shall  be  fined  not 
more  than  five  thousand  dollars,  or  be  imprisoned  not  more  than  two 
years. 

Sec.  5445.  Every  ])ersou  who,  by  any  means  whatever,  knowingly 
effects,  or  aids  in  effecting  any  entry  of  any  goods,  wares,  or  merchandise 
at  less  than  the  true  weight  or  uu-asure  theieof,  or  ui)on  a  false  classifi- 
cation thereof  as  to  (juality  or  value,  or  1^-  the  payment  of  less  than  the 
anu)unt  of  duty  legally  due  thereon,  shall  be  fined  not  more  than  five 
thousand  dollars,  or  be  imi)risoned  not  more  than  two  years,  or  both. 

Sec.  5440.  Every  person  who  dis[)Ossesses  or  rescues,  or  attemi)ts  to 
dispossess  or  rescue,  any  property  taken  or  detained,  by  any  officer 
or  other  person  under  the  authority  of  any  revenue  law  of  the  United 
States,  or  aids  or  assists  therein,  shall  be  imprisoned  not  more  than 
twelve  months,  and  fined  not  more  than  three  hundred  dollars. 

Sec.  5447.  Every  person  who  forcibly  assaults,  resists,  opi)oses,  pre- 
vents, impedes,  or  interferes  with  any  officer  of  the  customs,  or  his 
deputy,  or  any  person  assisting  him,  in  the  executiou  of  his  duties,  or 
any  [/erson  authorized  to  make  searches  or  seizures,  in  the  executiou 
of  his  duty,  or  who  rescues  or  attempts  to  rest!ue,  or  causes  to  be  res- 
cued, any  property  which  has  been  seized  by  auy  person  so  authorized, 
or  who,  before,  at,  or  after  such  seizure,  in  order  to  prevent  the  seizure 
or  securing  of  auy  goods,  wares,  or  merchandise  by  auy  i)ersou  so  au- 
thorized, staves,  breaks,  throws  overboard,  d"stroys,  or  removes  the 
same,  shall  be  fined  not  less  than  one  hundred  dollars  nor  more  than  two 
thousand  dollars,  or  be  imprisoned  not  less  than  one  month  nor  more 
than  one  year,  or  both  ;  and  every  person  who  discharges  any  di^a^ll^- 
weapon  at  any  pi'rson  authorized  to  make  searches  or  seizures,  or  uses 
any  deadly  or  dangerous  wea[)on  in  resisting  him  in  the  execution  of  his 
duty,  with  intent  to  commit  a  bodily  injury  upon  him,  or  to  deter  or 
prevent  him  from  discharging  his  duty,  shall  be  iiuprisone<l  at  hard 
labor  for  a  term  not  more  than  ten  years  nor  less  than  one  year. 

Sec.  5448.  Every  person  who  falsely  represents  himself  to  be  a  reve- 
nue officer,  and,  in  such  assumed  character,  demands  or  receives  any 
money  or  other  article  of  value  from  any  person  for  any  duty  or  tax  due 
to  the  United  States,  or  for  any  violation  or  pretended  violation  of  any 
revenue  law  of  the  United  Slates,  shall  be  deemed  guilty  of  a  felony, 
and  shall  be  fiued  five  hundred  dollars,  and  iuiprisoued  uot  less  than 
six  mouths  aud  not  more  than  two  years. 


*See  sees.  1715  aud  1717. 
H.  Mis.  .91 16 


242  NAVIGATION   LAWS    OF    THE    UNITED    STATES. 

Sec.  5451.  Every  person  who  promises,  offers,  or  gives,  or  causes  or 
procures  to  be  promised,  offered,  or  given,  any  money  or  other  thing  ot 
value,  or  makes  or  tenders  any  contract,  undertaking,  obligation,  gra- 
tuity, or  security  for  the  payment  of  money,  or  for  the  delivery  or  con- 
veyance of  anything  of  value,  to  any  officer  of  the  United  States,  or  to 
any  person  acting  for  or  on  behalf  of  the  United  States  in  any  official 
function,  under  or  by  authority  of  any  department  or  office  of  the  Gov 
ernraent  thereof,  or  to  any  officer  or  person  acting  for  or  on  behalf  ot 
either  House  of  Congress,  or  of  any  committee  of  either  House,  or  both 
Houses  thereof,  with  intent  to  influence  his  decision  or  action  on  any 
question,  matter,  cause,  or  proceeding  which  may  at  any  time  be  pend- 
ing, or  which  may  by  law  be  brought  before  him  in  his  official  capacity, 
or  in  his  place  of  trust  or  profit,  or  with  intent  to  influence  hitn  to  com- 
mit or  aid  in  committing,  or  to  collude  in,  or  allow,  any  fraud,  or  make 
opportunity  for  tlie  commission  of  any  fraud,  on  the  United  States,  or 
to  induce  him  to  do  or  omit  to  do  any  act  in  violation  of  his  lawful  duty, 
shall  be  punished  as  prescribed  in  the  preceding  section. 

Sec.  5452.  Every  person  engaged  in  the  importation  of  goods,  wares, 
or  merchandise  into  the  United  States,  or  interested,  as  principal  [,]  clerk, 
or  agent,  in  the  entry  of  any  goods,  wares,  or  merchandise,  who  at  any 
time  makes,  or  offers  to  make,  to  any  officer  of  the  revenue,  any  gratuity 
or  present  of  any  money,  or  other  thing  of  value,  shall  be  fined  not  more 
than  five  thousand  dollars  or  be  imprisoned  not  more  than  two  years. 


OFFICIAL  MISCONDUCT,  ETC. 
(Revised  Statutes,  Title  LXX.) 

Sec  5482.  Every  inspector  of  steamboats  who,  upon  any  pretense, 
receives  any  fee  or  reward  for  his  services,  except  what  is  allowed  to 
him  by  law,  shall  forfeit  his  office,  and  be  otherwise  punished  by  a  fine 
of  not  more  than  five  hundred  dollars,  or  by  imprisonment  not  more 
than  six  months,  or  by  both. 

Sec.  5524.  Every  master  or  owner  or  person  having  charge  of  any  ves- 
sel who  receives  on  board  any  other  person,  with  the  knowledge  or  intent 
that  such  person  is  to  be  carried  from  any  State,  Territory,  or  district 
of  the  United  States  to  a  foreign  country,  state,  or  place,  to  be  held  or 
sold  as  a  slave,  or  carried  away  from  any  State,  Territory,  or  district  of 
the  United  States  any  such  person,  with  the  intent  that  he  may  be  so 
held  or  sold  as  a  slave,  shall  by  punished  by  a  fine  of  not  more  than  five 
thousand  nor  less  than  five  hundred  dollars,  or  by  imprisonment  not 
more  than  five  years,  or  by  both. 

Sec.  5533,  Every  accessory  after  the  fact  to  murder,  robbery,  or  piracy, 
shall  be  imprisoned  not  more  than  three  years,  and  fined  not  more  than 
five  hundred  dollars. 

Sec.  5534.  Every  accessory  after  the  fact  to  any  robbery  of  the  car- 
rier, agent,  or  other  person  intrusted  with  the  mail,  of  such  mail  or  of 
any  part  thereof,  shall  be  fined  not  more  than  two  thousand  dollars,  and 
be  imprisoned  at  hard  labor  not  more  than  ten  years. 

Sec.  5535.  Every  accessory  after  the  fact  to  the  offense  of  stealing  or 
taking  any  letter,  or  other  mail-matter,  or  any  inclosure  therein,  shall 
be  fined  not  more  than  one  thousand  dollars,  and  be  imprisoned  not 
more  than  five  years. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  243 

3.— REMISSION  OF  PENALTIES.* 

(Revised  Statutes,  Title  LXVIII.) 

Sec.  5292.  Wheueveiany  person  who  shall  have  incurred  any  fine,  pen- 
alty, or  forfeiture,  or  disability,  or  may  be  interested  in  any  vessel  or  mer- 
chandise which  has  become  subject  to  any  seizure,  forfeiture,  or  disability 
by  authority  of  any  provisions  of  law  for  imposing  or  collecting  any  duties 
or  taxes,  or  relating  to  registering,  recording,  enrolling,  or  licensing 
vessels,  or  providing  for  the  suppression  of  insurrections  or  unlawful 
combinations  against  the  United  States,  shall  prefer  his  petition  to  the 
judge  of  the  district  in  which  such  fine,  penalty,  or  forfeiture,  or  disability 
has  accrued,  truly  and  particularly  setting  forth  the  circumstances  of 
his  case,  and  shall  pray  that  the  same  may  be  mitigated  or  remitted,  the 
judge  shall  inquire,  in  a  summary  manner,  into  the  circumstances  of  the 
case;  first  causing  reasonable  notice  to  be  given  to  the  person  claiming 
such  fine,  I)enalty,  or  forfeiture,  and  to  the  attorney  of  the  United  States 
for  such  district,  that  each  may  have  an  opportunity  of  showing  cause 
against  the  mitigation  or  remission  thereof;  and  shall  cause  the  facts 
appearing  upon  such  inquiry  to  be  stated  and  annexed  to  the  petition, 
and  direct  their  transmission  to  the  Secretary  of  the  Treasury.  The 
Secretary  shall  thereupon  have  power  to  mitigate  or  remit  such  fine, 
forfeiture,  or  penalty,  or  remove  such  disability,  or  any  part  thereof,  if, 
in  his  opinion,  the  same  was  incurred  without  willful  negligence,  or  any 
intention  of  fraud  in  the  person  incurring  the  same ;  and  to  direct  the 
prosecution,  if  any  has  been  instituted  for  the  recovery  thereof,  to  cease 
and  be  discontinued,  upon  such  terms  or  conditions  [as]t  he  may  deem 
reasonable  and  just. 

Sec.  .j2U3.  The  Secretary  of  the  Treasury  is  authorized  to  prescribe 
such  rules  and  modes  of  proceeding  to  ascertain  the  facts  upon  which  an 
application  for  remission  of  a  fine,  penalty,  or  forfeiture  is  founded,  as 
he  deems  proper,  and,  ui)on  ascertaining  them,  to  remit  the  fine,  peualtj', 
or  forfeiture,  if  in  his  opinion  it  was  incurred  without  willful  negligence 
or  fraud,  in  either  of  the  following  cases : 

First.  If  the  fine,  penalty,  or  forfeiture  was  imposed  under  authority 
of  any  provisions  of  law  forj  imposing  or  collecting  any  duties  or  taxes, 
or  relating  to  registering,  recording,  enrolling,  or  licensing  vessels,  and 
the  amount  does  not  exceed  fiftj'  dollars. 

Second.  Where  thecase  occurred  within  eitherof  the  collection-districts 
in  the  States  of  California  or  Oregon. 

Third.  If  the  fine,  penalty,  or  forfeiture  was  imposed  under  authority 
of  any  provisions  of  law  relating  to  the  importation  of  merchandise  from 
foreign  contig^uous  territory,  or  relating  to  manifests  for  vessels  enrolled 
or  licensed  to  carry  on  the  coasting-trade  on  the  northern,  northeastern, 
and  northwestern  frontiers. 

Fourth.  If  the  fine,  penalty,  or  forfeiture  was  imposed  under  author- 
ity of  any  revenue  law,  and  the  amount  does  not  exceed  one  thousand 
dollars. 

Fifth.  If  the  fine,  penalty,  or  forfeiture  was  imposed  by  authority  of 
any  provisions  of  laws  for  levying  or  collecting  any  duties  or  taxes,  or 
relating  to  reg:steriug,  recording,  enrolling,  or  licensing  vessels,  and  the 


*  See  sees.  3469,  3471,  3472,  and  5330. 

t  See  Act  of  March  3.  1797,  chap.  13,  sec.  1. 

t  See  fourth  subdivision  of  this  section. 


244       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

case  arose  within  the  collection-district  of  Alaska,  or  was  imposed  by 
virtue  of  any  ])rovision8  of  law  relating  to  fur-seals  upon  the  islands  ot 
Saint  Paul  lind  Saint  Georjje. 

Sec.  5294.  The  Secretary  of  tlie  Treasury  may,  ujton  application  there- 
for, remitor  mitigate  any  line  or  penalty  provided  for  in  laws  relating  to 
steam  vessels,  or  discontinue  any  prosecution  to  recover  i)enalties  de- 
Nounced  in  such  laws,  excei)ting  the  penalty  oiiinprisonment,or  of  removal 
from  oftice,  upon  such  terms  as  he,  in  his  discretion,  shall  think  proper  ; 
and  all  rights  granted  to  informers  by  such  laws  shall  be  held  subject  to 
the  Secretary's  power  of  remission,  except  in  cases  where  the  claims  of 
any  informer  to  the  share  of  any  penalty  shall  have  been  determined  by  a 
court  of  competeut  jurisdiction,  prior  to  the  application  for  the  remission 
of  the  penalty  ;  and  the  Secretary  shall  have  authority  to  ascertain  the 
facts  upon  all  such  appbcations,  in  such  manner  and  under  such  regula- 
tions as  he  mav  deem  proper. 

Sec.  5295.  Auv  officer  or  other  person  entitled  to  or  interested  in  a 
part  or  share  of  any  fine,  penalty,  or  forfeiture  incurred  under  any  law^ 
of  fehe  United  States,  may  be  examined  as  a  witness  in  any  of  the  pro- 
ceedings for  the  recovery  of  such  fine,  penalty,  or  forfeiture  by  either  ot 
the  parties  thereto,  and  such  examiiuition  shall  not  deprive  such  witness 
of  his  share  or  interest  in  such  tine,  penalty,  or  forfeiture. 


REMISSION    OF    FINES. 

Sec.  9.  That  the  fines  imposed  by  sections  five,  skc,  seven,  and  eight 
of  this  act  shall  be  subject  to  remission  or  mitigation  by  the  Secretary 
of  the  Treasury  when  the  offense  was  not  willfully  committed,  under 
such  regulations  and  methods  of  ascertaining  the  facts  as  may  seem  to 
him  advisable.     (Act  of  June  19,  1886.) 

XoTE.— la  case,  after  proclaruatioii  has  been  made  by  the  President,  under  section 
II  suspending  the  tax  on  vessels  from  any  foreign  port,  customs  officers  learn  that 
the  fees  or  dues  of  any  kind  or  nature  imposed  there,  on  vessels  of  the  United  States, 
or  that  the  import  or'export  duties  oni  their  cargoes  are  in  excess  of  the  fees,  dues,  or 
duties  imposed  on  the  vessels  of  the  country  in  which  such  port  is  situated,  or  on  the 
caro-oes  of  such  vessels,  they  will  bring  the  fact,  without  delay,  to  the  attention  of 
the^Bureau  of  Navigation.— (T?-e«s((ri/  circtiJar,  June  '21, 1886.) 


EXCLUSION   BY   PROCLAMATION    OF   FOREIGN  VESSELS  FROM  CERTAIN 
PRIVILEGES. 

Sec.  17.  That  whenever  any  foreign  country  whose  vessels  have  been 
placed  on  the  same  footing  in  the  ports  of  the  United  States  as  Amer- 
ican vessels  (the  coastwise  trade  excepted)  shall  deny  to  any  vessels  of 
the  United  States  any  of  the  commercial  privileges  accorded  to  national 
vessels  in  the  harbors,  ports,  or  waters  of  such  foreign  country,  the 
President,  on  receiving  satisfactory  information  of  the  continuance  of 
such  discriminations  against  any  vessels  of  the  United  States,  is  here- 
by authorized  to  issue  his  proclamation  excluding,  on  and  after  such 
time  as  he  may  indicate,  from  the  exercise  of  such  commercial  privi- 
leges in  the  ports  of  the  United  States  as  are  denied  to  American  ves- 
sels in  the  ports  of  such  foreign  country,  all  vessels  of  such  foreign 
country  of  a  similar  character  to  the  vessels  of  the  United  States,  thus 
discriminated  against,  and   suspending  such  concessions  previously 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  245 

erantod  to  the  vessels  of  sncb  country ;  and  on  and  after  the  (hite 
iiauied  in  sncli  prochnnation  for  it  to  take  effect,  if  the  master,  oftieer, 
or  agent  of  any  vessel,  of  sncii  foreign  country  excluded  by  said  ])i'oc- 
laniation  from  the  exercise  of  any  commercial  i)rivileges  shall  do  any 
act  ])rohibited  by  said  proclamation  in  the  ports,  harbors,  or  waters  of 
the  United  States  for  or  on  account  of  such  vessel,  such  vessel,  and  its 
rigging,  tackle,  furniture,  and  boats,  and  all  the  goods  on  board,  shall 
be  liable  to  seizure  and  to  forfeiture  to  the  United  States;  and  any 
person  opposing  any  oflicer  of  the  United  States  in  the  enforcement  of 
this  act,  or  aiding  and  abetting  atiy  other  person  in  such  opposition, 
shall  forfeit  eiglit  hundred  dollars,  and  shall  be  guilty  of  a  misde- 
meanor, and,  upon  conviction,  shall  be  liable  to  imprisonment  for  a 
term  not  exceeding  two  years.     (Act  of  June  19,  1880.) 


4.— PIRACY  AND  TRIALS. 

(Revised  Statutes,  chap.  8.)  • 

.  Sec.  421)7.  Any  vessel  built,  purchased,  fitted  out  in  whole  or  in  part, 
or  held  for  the  purpose  of  being  employed  in  the  commission  of  any  pi- 
ratical aggression,  search,  restraint,  depredation,  or  seizure,  or  in  the 
commission  of  any  other  act  of  ])iracy,  as  detined  by  the  law  of  nations, 
shall  be  liable  to  be  captured  and  brought  into  any  port  of  the  United 
States  if  found  upon  the  high  seas,  or  to  be  seized  if  found  in  any  port 
or  place  within  the  United  States,  whether  the  same  shall  have  actually 
sailed  upon  any  piratical  expedition  or  not,  and  whether  any  act  of  pi- 
racv  shall  have  been  committed  or  attemi)ted  ui)on  or  from  such  vessel 
or  not;  and  any  such  vessel  may  be  adjudged  and  condemned,  if  capt- 
ured by  a  vessel  authorized  as  hereinafter  mentioned,  to  the  use  of  the 
Unite(i  States  and  to  that  of  the  captors,  and  if  seized  by  a  collector, 
surveyor,  or  marshal,  then  to  the  use  of  the  United  States. 

Sec.  429!),  The.  collectors  of  the  several  i^orts  of  entry,  the  surveyors 
of  the  several  ports  of  delivery,  and  the  marshals  of  the  several  judicial 
districts  within  the  United  States,  shall  seize  any  vessel  or  boat  built, 
]iurchased,  litted  out,  or  held  as  mentioned  in  section  forty  two  hun- 
dred and  ninety-seven,  which  may  be  found  within  their  respective  ports 
or  districts,  and  to  cause  the  same  to  be  proceeded  against  and  dis- 
posed of  as  i)rovided  by  tliat  section. 


SUMMARY     TRIALS    FOR    CERTAIN     OFFENSES    AGAINST     NAA^IGATION 

LAWS. 

(Revised  Statutes,  cbap.  9.) 

Sec.  4;>0.j.  All  the  penalties  and  forfeitures  which  may  be  incurj-ed 
for  offenses  again.st  this  Title  may  be  sued  for,  i)rosecuted,  and  recov- 
ered in  such  court,  aud  be  disposed  of  in  such  manner,  as  any  penalties 
and  forfeitures  which  may  be  incurred  for  offenses  against  the  laws  re- 
lating to  the  collection  of  duties,  except  when  otherwise  expressly  pre- 
scribed. 


246       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

5.— SLAVE  TRADE. 

(Revised  Statutes,  Title  LXXI.) 

Sec.  5557.  The  President  is  authorized,  when  he  deems  it  expedient,  to 
man  and  employ  any  of  the  armed  vessels  of  the  United  States  to 
cruize  wherever  he  may  judge  attempts  are  making  to  carry  on  the 
slave-trade,  by  citizens  or  residents  of  the  United  States,  in  contraven- 
tion of  laws' prohibitory  of  the  same;  and,  in  sucli  case,  he  shall 
instruct  the  commanders  of  such  armed  vessels  to  seize,  take,  and  bring 
into  any  port  of  the  United  State,  to  be  proceeded  against  according 
to  law,%dl  American  vessels,  wheresoever  found,  which  may  have  on 
board,  or  which  may  be  intended  for  the  purpose  of  taking  on  board, 
or  of  transporting,  or  may  have  transported  any  negro,  nutlatto,  or 
l^erson  of  color,  in  violation  of  the  provisions  of  any  act  of  Congress 
lirohibiting  the  traffic  in  slaves. 

Sec.  5558.  The  proceeds  of  all  vessels,  their  tackle,  apparel,  and  fur- 
niture, and  the  goods  and  effects  on  board  of  them,  which  are  so  seized, 
prosecuted,  and  contlemned,  shall  be  divided  equally  between  the  United 
States  and  the  ofticers  and  men  who  seize,  take,  or  bring  the  same  into 
port  for  condemnation,  whether  such  seizure  be  made  by  an  armed  ves-  * 
sel  of  the  United  States  or  revenue  cutter  thereof;  and  the  same  shall 
be  distributed  as  is  provided  by  law  for  the  distribution  of  prizes  taken 
from  an  enemy. 

Sec.  5561.  The  President  is  authorized  to  make  such  regulations  and 
arrangements  as  he  may  deem  expedient  for  the  safe-keeping,  support, 
and  removal  beyond  the  limits  of  the  United  States,  of  all  such  negroes, 
mulattoes,  or  persons  of  color,  as  may  be  delivered  and  brought  within 
their  jurisdiction ;  and  to  appoint  a  proper  person  residing  upon  the 
coast  of  Africa  as  agent,  for  receiving  the  negroes,  mulattoes,  or  persons 
of  color  delivered  from  on  board  vessels  seized  in  the  prosecution  of 
the  slave-trade,  by  commanders  of  United  States  armed  vessels. 

Sec.  5502.  A  bounty  of  twenty-five  dollars  shall  be  paid  to  the  offi- 
cers and  crews  of  the  commissioned  vessels  of  the  United  States,*  or 
revenue-cutters,  for  each  negro,  mulatto,  or  i)erson  of  color,  who  may 
be,  as  hereinbefore  provided,  delivered  to  the  marshal  or  agent  duly 
appointed  to  receive  such  person  ;  and  the  Secretary  of  the  Treasury  is 
required  to  pay,  or  cause  to  be  paid,  to  such  officers  and  crews,  or  their 
agent,  such  bounty  for  each  person  so  delivered. 

»  Sec.  5504.  Every  owner,  master,  or  factor  of  any  foreign  vessel, 
clearing  out  for  any  of  the  costs  or  kingdoms  of  Africa,  or  suspected  to 
be  intended  for  the  slave-trade,  and  the  suspicion  being  declared  to  the 
officer  of  the  customs  by  any  citizen,  on  oath,  and  such  information  being 
to  the  satisfaction  of  the  officer,  shall  first  give  bond  with  sufficient  sure- 
ties, to  the  Treasurer  of  the  United  States,  that  none  of  the  natives  of 
Africa,  or  any  other  foreign  country  or  place,  shall  be  taken  on  board 
such  vessel,  to  be  transported  or  sold  as  slaves,  in  any  other  foreign 
port  or  place  whatever,  within  nine  months  thereafter. 

Sec.  5505.  The  forfeitures  which  may  hereafter  be  incurred  under  any 
of  the  preceding  provisions,  and  which  are  not  otherwise  expressly  dis- 
posed of,  shall  accrue  and  be  one  moiety  thereof  to  the  use  of  the  infor- 
mer and' the  other  moiety  to  the  use  of  the  United  States,  except  where 
the  prosecution  is  first  instituted  on  behalf  of  the  United  States  in  which 
case  the  whole  shall  be  to  their  use. 

Sec.  5560.  It  may  be  lawful  for  the  President  to  enter  into  contract 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       247 

with  any  persou,  society,  or  body-corporate,  for  a  term  uot  exceeding  live 
years,  to  receive  from  tlje  United  States,  tlirougli  their  duly  constituted 
agent  upon  the  coast  of  Africa,  all  negroes,  niulattoes,  or  persons  of  color, 
delivered  from  on  board  vessels  seized  in  the  prosecution  of  the  slave- 
trade,  by  commanders  of  the  United  States  armed  vessels,  and  to  pro- 
vide such  negroes,  mulattoes,  and  persons  of  color  with  comfortable 
clothing,  shelter,  and  provisions,  for  a  period  not  exceeding  one  year 
from  the  date  of  their  being  landed  on  the  coast  of  Africa,  at  a  price  in 
no  case  to  exceed  one  hundred  dollars  for  each  person  so  clothed,  shel- 
tered, and  provided  with  food;  and  any  contract  so  made  may  be  re- 
newed by  the  President  from  time  to  time  as  found  necessary,  for  periods 
uot  to  exceed  five  years  on  each  renewal. 

Sec.  doGS.  It  may  be  lawful  for  the  President  to  enter  into  arrange- 
ment, by  contract  or  otherwise,  with  one  or  more  foreign  governments 
having  possessions  in  the  West  Indies  or  other  tropical  regions,  or  with 
their  duly  constituted  agent,  to  receive  from  the  IJuited  States,  for  a 
term  not  exceeding  five  years,  at  such  place  as  may  be  agreed  upon,  all 
negroes,  mulattoes,  or  persons  of  color,  delivered  from  on  board  vessels 
seized  in  the  prosecution  of  the  slave-trade,  by  commanders  of  United 
States  armed  vessels,  and  to  provide  them  with  suitable  instruction,  and 
with  comfortable  clothing  and  shelter,  and  to  employ  them,  at  wages 
under  such  regulations  as  may  be  agreed  upon,  for  a  period  not  exceed- 
ing five  years  from  the  date  of  their  being  lauded  at  the  place  agreed 
upon. 


6.— PRIZE. 

(Revised  Statutes,  Title  LIV.) 

Sec.  4613.  The  provisions  of  this  Title  shall  apply  to  all  captures  made 
as  prize  by  authority  of  the  United  States,  or  adopted  and  ratified  by  the 
President  of  the  United  States. 

Sec.  4614.  The  term  "vessels  of  the  Navy,"  as  used  in  this  Title,  sliall 
include  all  armed  vessels  ofticered  and  manned  by  the  United  States, 
and  under  the  control  of  the  Department  of  the  Navy. 

Sec.  4615.  The  commanding  officer  of  any  vessel  making  a  capture 
shall  secure  the  documents  of  the  ship  and  cargo,  including  the  log- 
book, with  ail  other  documents,  letters,  and  other  i)apers  found  on 
board,  and  make  an  inventory  of  the  same,  and  seal  them  up,  and  send 
them,  with  the  inventory,  to  the  court  in  which  proceedings  are  to  be 
had,  with  a  written  statement  that  they  are  all  the  papers  found,  and 
are  in  the  condition  in  which  they  were  found  ;  or  explaining  the 
absence  of  any  documents  or  i)apers,  or  any  change  in  their  condition. 
He  shall  also  send  to  such  court,  as  witnesses,  the  master,  one  or  more 
of  the  other  officers,  the  supercargo,  purser,  or  agent  of  the  prize,  and 
any  ])erson  found  on  board  whom  he  may  suppose  to  be  interested  in, 
or  to  have  knowledge  respecting,  the  title,  national  character,  or  desti- 
nation of  the  prize.  He  shall  send  the  prize,  with  the  documents,  papers, 
and  witnesses,  under  charge  of  a  competent  prize-master  and  prize- 
crew,  into  i)ort  for  adjudication,  exi)laining  the  absence  of  any  usual 
witnesses ;  and  in  the  absence  of  instructions  from  superior  authority  as 
to  the  port  to  which  it  shall  be  sent,  he  shall  select  such  port  as  he  shall 
deem  most  convenient,  in  view  of  the  interests  of  probable  clanuauts, 
as  well  as  of  the  captors.     If  the  captured  vessel,  or  any  part  of  the 


248  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

captured  property,  is  not  in  condition  to  be  sent  in  for  adjudication,  a 
survey  sliall  be  had  tliereon  and  an  appraisement  made  by  persons  as 
competent  aiul  imi)artial  as  can  be  obtained,  and  tlieir  reports  shall  be 
sent  to  the  court  in  which  proceedings  are  to  be  had;  and  such  prop- 
erty, unh^ss  api)ropriated  for  tlie  use  of  riie  Government,  shall  b^  sold 
by  the  authority  of  tlie  conmiandinj:- officer  present,  and  the  proceeds 
deposited  with  "the  assistant  treasurer  of  the  United  States  most  acces- 
sibh'  to  such  court,  and  subject  to  its  order  in  the  cause. 

Qv.G.  4016.  If  any  vessel  of  the  United  States  shall  claim  to  share  in  a 
prize,  either  as  having  made  the  capture,  or  as  having  been  within  sig- 
nal distance  of  the  vessel  or  vessels  uuikiug  the  capture,  the  con)mand- 
ing  otticer  of  such  vessel  shall  nuike  out  i\  written  statement  of  his  claim, 
with  the  grounds  on  which  it  is  founded,  the  principal  facts  tending  to 
show  what  vessels  made  the  ca])ture,  and  what  vessels  were  within. signal 
distance  of  those  making  the  capture,  with  reasonable  particularity  as  to 
times,  <listances,  localities,  and  signals  made,  seen,  or  answered ;  and 
such  statement  of  claim  shall  be  sigued  by  him  and  sent  to  the  court  in 
which  proceedings  shall  be  had,  and  shall  be  filed  in  the  cause. 

*Sec.  4620.  In  any  case  of  capture  made  by  vessels  of  the  Navy,  the 
Secretary  of  the  Navy  may  employ  special  counsel  for  cai)tors,  wlien,in 
his  iudginent.the  services  of  such'si»ecial  counsel  are  needed  in  the  par- 
ticular case,  for  the  due  protection  of  the  interests  of  the  captors  and 
of  the  Navv-pension  fund  ;  and,  under  the  direction  of  the  Secretary  of 
the  Navy,  such  counsel  may  institute  and  prosecute  such  proceedings 
in  the  case  as  may  be  necessary  and  proper  for  the  protection  of  such 
interests. 

Sec.  4621.  Any  district  court  may  appoint  prize-commissioners,  not 
exceeding  three  in  number;  of  whom  one  shall  be  a  retired  naval  officer, 
approved  by  the  Secretary  of  the  Navy,  who  shall  receive  no  other  com- 
pensation than  his  pay  in'the  Navy,  and  who  shall  protect  the  interests 
of  the  captors  and  of  the  Department  of  the  Navy  in  the  i>rize-])roperty ; 
and  at  least  one  of  the  others  shall  be  a  member  of  the  bar  of  the  court, 
of  not  less  than  thr6e  years'  standing,  and  acquainted  with  the  taking  of 
depositions. 

Sec.  4623.  The  marshall  shal  safely  keep  ail  prize-property  under 
warrant  from  the  court,  and  shall  report  to  the  court  any  cargo  or  other 
property  that  he  thinks  requires  to  be  unladen  and  stored,  or  to  be  sold. 
He  shall  insure  prize-property,  if  in  his  judgment  it  is  for  the  interest 
of  all  concerned.  He  shall  keep  in  his  custody  all  persons  found  on 
board  a  prize  and  sent  in  as  witnesses,  until  they  are  released  by  the 
prize  commissioners  or  the  court.  If  a  sale  of  property  is  ordered,  he 
shall  sell  the  same  in  the  manner  required  by  the  court,  and  collect  the 
purchase-money,  and  forthwith  deposit  the  gross  proceeds  of  the  sales 
with  the  assistant  treasurer  of  the  United  States  nearest  the  place  of 
sale,  subject  to  the  order  of  the  court  in  the  particular  cause  ;  and  each 
marshalshall  forward  to  the  Secretary  of  the  Navy,  whenever  and  as 
often  as  the  Secretary  of  the  Navy  may  require  it,  a  full  statemeut  of 
the  condition  of  each  prize  and  of  the  disposal  made  thereof. 

Sec.  4624.  Whenever  any  captured  vessel,  arms,  munitions,  or  other 
material  are  taken  for  the  use  of  the  United  States  before  it  comes  into 
the  custody  of  the  prize  court,  it  shall  be  surveyed,  appraised,  aud  in- 
ventoried, by  persons  as  competent  and  impartial  as  can  be  obtained, 
aud  the  survey,  appraisement,  and  inventory  shall  be  sent  to  the  court 
in  which  proceedings  are  to  be  had  ;  and  if  taken  afterward,  sufficient 

*  See  sees.  361  and  363-365. 


XAAqGATIOX    LAWS    OF    TliE    UNITED    STATES.  249 

notice  shall  tirst  be  given  to  enable  tlie  court  to  bave  the  i)roi)erty  ap- 
])i'aise(l  for  the  protection  of  tlie  rights  of  the  claimants  and  captors. 
In  all  cases  of  prize-i)roperty  taken  for  or  appropriated  to  the  use  of  the 
Government,  the  Department  for  whose  use  it  is  taken  or  api)roi)riated 
shall  deposit  the  value  thereof  with  the  assistant  treasurer  of  the  United 
States  nearest  to  the  place  of  the  session  of  the  court,  subject  to  the 
or<ler  of  the  court  in  the  cause. 

Sec.  4025.  If  by  reason  of  the  condition  of  the  captured  property,  or 
if  because 'lie  whole  has  been  api)ropriated  to  the  use  of  the  United 
States,  no  part  of  it  has  been  or  can  be  sent 'in  for  adjudication,  or  if 
the  ])ro|)erty  has  been  entirely  lost  or  destroyed,  proceedings  for  adjudi- 
cation may  be  commenced  in  any  district  the  Secretary  of  the  ^'avy  may 
designate  ;  and  in  any  such  case  the  proceeds  of  auythinw  sold,  or  the 
value  of  auythin«i-  taken  or  appropriated  for  the  use  of  the  United  Srates, 
shall  be  deposite<l  with  the  assistant  treasurer  in  or  nearest  to  that  dis- 
trict, subject  to  the  order  of  the  court  in  the  cause.     *  *  * 

Sec. -iOUO.  No  prize-property  shall  be  delivered  to  the  claimants  on 
stipulation,  deiiosit,  or  other  security,  exce])t  wiiere  there  has  \n'en  a 
decree  of  restitution  and  the  captors  have  appealed  therefrom,  or  where 
the  court,  after  a  full  hearing-  on  the  preparatory  proofs,  has  refused  to 
condemn  the  property  on  these  proofs,  and  has  given  the  captors  leave 
to  take  further  proofs,  or  where  the  claimant  of  any  property  shall  sat- 
isfy tlie  court  that  the  same  has  a  peculiar  and  intrinsic  value  to  him, 
independent  of  its  maiket-value.  In  any  of  these  cases,  the  court  may 
deliver  the  projjcrty  on  stii)ulati<ni  or  deposit  of  its  value,  if  satis- 
lied  that  the  lights  and  interests  of  the  United  States  and  captors,  or 
of  other  clainuints,  will  not  be  prejudiced  thereby :  but  a  satisfactory 
a])i)raiseiuent  shall  be  tirst  made,  and  an  oj)i)ortunity  given  to  the  dis- 
trict attorney  and  naval  prize-commissioner  to  be  heard  as  to  tbe  appoint- 
n^ent  of  ai)praisers.  Any  money  deposited  in  lieu  of  stipulation,  and  all 
money  collected  on  a  stipulation,  not  being-  costs,  shall  be  deposited  with 
the  assistant  treasurer,  in  the  same  manner  as  proceeds  of  a  sale. 

Sec.  4()2.S.  Upon  a  sale  of  any  prize-pro])erty  l)y  order  of  the  court, 
the  Secretaiy  of  the  Navy  shall  employ  an  auctioneer  of  known  skill 
in  the  branch  of  business  to  whicli  any  sale  pertains,  to  make  the  sale, 
but  the  sale  shall  be  conducted  under  the  supervision  of  the  luarshal, 
and  the  collecting  and  dei)Ositing  of  the  gross  proceeds  shall  be  by  the 
auctioneer  or  his  agent.  Before  any  sale  the  marshal  shall  cause  full 
catalogues  and  schedules  to  be  prepared  and  circulated,  and  a  copy  of 
each  shall  be  returned  by  the  marshal  to  the  court  in  each  cause.  The 
marshal  shall  cause  all  sales  to  be  advertised  fully  and  conspicuously 
in  newspajiers  oniered  by  the  court,  and  by  posters,  aud  he  shall,  at 
least  five  days  betbre  the  sale,  serve  notice  thereof  upon  the  naval  prize- 
commissioner,  and  the  goods  shall  be  open  to  inspection  at  least  three 
days  1)efore  the  sale. 

Sec.  4(»29.  Whenever  it  appears  to  the  court,  in  the  case  of  any  prize- 
property  ordered  to  be  sold,  that  it  will  be  for  the  interest  of  all  parties 
to  have  it  sold  in  another  district,  the  court  may  direct  the  marshal  to 
transfer  the  same  to  the  district  selected  by  the  court  for  the  sale,  and 
to  insure  the  same,  with  proi)er  orders  as  to  the  time  and  manner  of 
selling  the  same.  It  shall  be  the  duty  of  the  marshal  so  to  traiisfer  the 
property,  and  keeji  and  sell  the  same  in  like  manner  as  if  the  i)roiierty 
were  in  his  own  district ;  and  he  shall  deposit  the  gross  ])roceeds  of  the 
sale  with  the  assistant  treasurer  nearest  to  the  place  of  sale,  subject  to 
the  order  of  the  court  in  which  the  adjudication  thereon  is  pending. 
Tbe  necessary  expenses  attending  the  insuring,  transferriug,  receiving, 


250  NAVIGATION    LAWS    OF    THE    UNINED    STATES. 

keeping,  and  selling  the  property  shall  be  a  charge  upon  it  and  upon 
the  proceeds  thereof ;  aud  whenever  any  such  expense  is  paid  in  advance 
by  the  marshal,  and  he  is  not  repaid  from  the  proceeds,  any  amount 
not  so  repaid  shall  be  allowed  to  him,  as  in  case  of  expenses  incurred  in 
suits  in  which  the  United  States  is  a  party.  The  Secretary  of  the  Navj^ 
may,  in  like  manner,  either  by  a  general  regulation  or  by  special  direc- 
tion in  any  cause,  require  a  marshal  to  transfer  any  prize-property  from 
the  district  in  which  the  judicial  proceedings  are  pending,  to  any  other 
district  for  sale ;  and  the  same  proceedings  shall  be  had  as  if  such 
transfer  had  been  made  by  order  of  the  court. 

Sec.  4630.  The  net  proceeds  of  all  proi)erty  condemned  as  prize,  shall, 
when  the  prize  was  of  superior  or  equal  force  to  the  vessel  or  vessels 
making  the  capture,  be  decreed  to  the  captors  :  and  when  of  inferior 
force,  one-half  shall  be  decreed  to  the  United  States  and  the  other  half 
to  the  captors,  except  that  in  case  of  ])rivateers  and  letters  of  marque, 
the  whole  shall  be  decreed  to  the  captors,  unless  it  shall  be  otherwise 
provided  in  the  commissions  issued  to  sucIj  vessels. 

Sec.  4631.  All  prize-money  adjudged  to  the  captors  shall  be  distrib- 
uted in  the  following  proportions  : 

First.  To  the  commanding  officer  of  a  fleet  or  squadron,  one-twentieth 
part  of  all  prize-money  awarded  to  any  vessel  or  vessels  under  his  im- 
mediate command. 

Second.  To  the  commanding  officer  of  a  division  of  a  fleet  or  squadron, 
on  duty  under  the  orders  of  the  commander-in-chief  of  such  fleet  or 
squadron,  a  sum  equal  to  one  fiftieth  part  of  any  prize-money  awarded 
to  a  vessel  of  such  division  for  a  capture  made  while  under  his  command, 
such  fiftieth  })art  to  be  deducted  from  the  moiety  due  to  the  United 
States,  if  there  be  such  moiety,  otherwise  from  the  amount  awarded  to 
the  captors  ;  but  such  fiftieth  part  shall  not  be  in  addition  to  any  share 
which  may  be  due  to  the  commander  of  the  division,  and  which  he  may 
elect  to  receive,  as  commander  of  a  single  ship  making  or  assisting  in 
the  capture. 

Third.  To  the  fleet-captain,  one-hundredth  part  of  all  prize-money 
awarded  to  any  vessel  or  vessels  of  the  fleet  or  squadron  in  which  he  is 
serving,  except  in  a  case  where  the  capture  is  made  by  the  vessel  on 
board  of  which  he  is  serving  at  the  time  of  such  capture;  and  in  such 
case  he  shall  share,  in  proportion  to  his  pay,  with  the  other  officers  and 
men  on  board  such  vessel. 

Fourth.  To  the  commander  of  a  single  vessel,  one-tenth  part  of  all 
the  prize-money  awarded  to  the  vessel  under  his  command,  if  such  ves- 
sel at  the  time  of  the  capture  was  under  the  command  of  the  command- 
ing oflicerof  a  fleet  or  squadron,  or  a  division,  aud  three-twentieths  if 
his  vessel  was  acting  independently  to  such  superior  officer. 

Fifth.  After  the  foregoing  deductions,  the  rc»sidue  shall  be  distributed 
and  proportioned  among  all  others  doing  duty  on  board,  including  the 
fleet-captain,  and  borne  upon  the  books  of  the  ship,  in  proportion  to 
their  respective  rates  of  pay  in  the  service. 

Sec.  46.'^)2.  All  vessels  of  the  Navy  within  signal-distance  of  the  vessel 
or  vessels  making  the  capture,  under  such  circumstances  and  in  such 
condition  as  to  be  able  to  render  effective  aid,  if  required,  shall  share  in 
the  prize;  and  in  case  of  vessels  not  of  the  Navy,  none  shall  be  entitled 
to  share  except  the  vessel  or  vessels  making  the  capture;  in  which  term 
shall  be  included  vessels  present  at  and  rendering  actual  assistance  in 
the  capture. 

Sec.  4633.  No  commanding  officer  of  a  fleet  or  squadron  shall  be  en- 
titled to  receive  any  share  of  prizes  captured  by  any  vessel  or  vessels 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  251 

not  under  bis  coiiiniand,  nor  of  such  prizes  as  may  have  been  captured 
by  any  vessels  intended  to  be  placed  under  his  command,  before  they 
have  acted  under  his  orders.  Xoi-  shall  the  commanding-  officer  of  a 
fleet  or  squadron,  leavin;^-  the  station  wliere  he  had  command,  have  any 
share  in  the  prizes  taken  by  shii)S  left  on  such  station  after  he  has  gone 
out  of  the  limits  of  his  command,  nor  alter  he  has  transferred  his  com- 
mand to  his  successor.  No  officer  or  other  person  who  shall  have  been 
temporarily  absent  on  duty  from  a  vessel  on  the  books  of  which  he  con- 
tinued to  be  borne,  while  so  absent,  shall  be  deprived,  in  consequence 
of  such  absence,  of  any  ])rize-money  to  which  he  would  otherwivse  be 
entitled.  And  he  shall  continue  to  share  in  the  ca[>tures  of  the  vessels 
to  which  he  is  attached,  until  regularly  discharged  therefrom. 

Sec.  4034.  Whenever  a  decree  of  condemnation  is  rendered,  the  court 
shall  consider  the  claims  of  all  vessels  to  participate  in  the  proceeds, 
and  for  that  purpose  sliall,  at  as  early  a  stage  of  the  cause  as  i)ossible, 
order  testimony  to  be  taken  tending  to  show  what  part  should  be 
awarded  to  the  cai)tors,  and  what  vessels  are  entitled  to  share;  and 
such  testimony  may  be  sworn  to  before  any  judge  or  commissioner  of 
the  courts  of  the  United  States,  consul  or  commercial  agent  of  the 
United  States,  or  notary  ])ublic,  or  any  officer  of  the  Navy  highest  in 
rank,  reasonably  accessible  to  the  deponent.  The  court  shall  make  a 
decree  of  distribution,  determining  what  vessels  are  entitled  to  share  in 
the  i)rize,  and  whether  tlie  prize  was  of  superior,  equal,  or  inferior  force 
to  the  vessel  or  vessels  making  the  capture.  The  decree  shall  recite  the 
amount  of  the  gross  proceeds  of  the  prize  subject  to  the  order  of  the 
court,  and  the  amount  deducted  therefrom  for  costs  and  expenses,  and 
the  amount  remaining  for  distribution,  and  whether  the  whole  of  such 
residue  is  to  go  to  the  captors,  or  one  half  to  the  captors,  and  one-half 
to  the  United  States. 

Sec.  4035.  A  bounty  shall  be  paid  by  the  United  States  for  each  per- 
son on  board  any  ship  or  vessel  of  war  belonging-  to  an  enemy  at  the 
commencement  of  an  engagement,  which  is  sunk  or  otherwise  destroyed 
in  such  engagement  by  any  ship  or  vessel  belonging  to  the  United  States 
or  which  it  may  be  necessary  to  destroy  in  consequence  of  injuries  sus- 
tained in  action,  of  one  hundred  dollars,  if  the  enemy's  vessel  was  of  in- 
ferior force,  and  of  two  hundred  dollars,  if  of  equal  or  superior  force,  to 
be  divided  among  the  offii;ers  and  crew  in  the  same  manner  as  prize- 
money;  aiul  when  the  actual  number  of  men  on  board  any  such  vessel 
cannot  be  satisfactorily  ascertained,  it  shall  be  estimated  according  to 
the  complement  allowed  to  vessels  of  its  class  in  tiie  Navy  of  the  United 
States  ;  and  there  shall  be  paid  as  bounty  to  the  Criptors  of  any  vessel 
of  war  captured  from  an  enemy,  which  they  may  be  instructed  to  de- 
stroy, or  which  is  immediately  destroyed  for  the  i)ublic  interest,  but  not 
in  consequence  of  injuries  received  in  action,  lifty  dollars  for  every  per- 
son who  shall  be  on  boattl  at  the  time  of  such  capture. 

Sec.  4037.  Notwithstanding  any  ai)peal  to  the  Supreme  Court,  the 
district  court  may  make  and  execute  all  necessary  orders  for  the  cus- 
tody and  disi)Osal  of  the  prize-j)roperty;  and  in  case  of  appeal  from  a 
decree  of  condemnation,  may  still  i)roceed  to  make  a  decree  of  distribu- 
tion so  far  as  to  determine  what  share  of  the  prize  shall  go  to  the  cap- 
tors, and  what  vessels  are  entitled  to  participate  therein. 

Sec.  4038,  The  court  may  require  any  party,  at  any  stage  of  the  cause, 
and  on  claiming  an  ai)peal,'to  give  security  for  costs. 

Sec.  4039.  All  costs  and  all  expenses  incident  to  the  bringing  in,  cus- 
tody, preservation,  insurance,  sale,  or  other  disjjosal  of  prize  property, 
when  allowed  by  the  court,  shall  be  a  charge  upon  such  property,  and 


252  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

sball  be  paid  from  tlie  proceeds  thereof,  unless  tlie  court  shall  decree 
restitution  free  from  such  charge. 

Sec.  4040.  No  payments  shall  be  made  for  any  prize-fund,  excei)t 
upon  the  order  of  the  court.  All  charges  for  work  and  labor,  materials 
furnished,  or  money  paid,  shall  be  supported  by  affidavit  or  vouchers. 
The  court  ruay,  at  any  time,  order  the  payment,  from  the  deposit  made 
with  the  assistant  treasurer  in  the  cause,  of  any  costs  or  charges  accrued 
and  aHowed.  When  the  cause  is  finally  disposed  of,  the  court  shall 
make  its  order  or  orders  on  the  assistant  treasurer  to  pay  the  costs  and 
charges  allowed  and  unpaid;  and  in  case  the  final  decree  shall  be  for 
restitution,  or  in  case  there  shall  be  no  money  subject  to  the  order  of 
the  couit  in  the  cause,  any  costs  or  charges  allowed  by  the  court,  and 
not  i)aid  by  the  claimants,  shall  be  a  charge  upon,  and  be  paid  out  of, 
the  fuiul  for  defraying  the  expenses  of  suits  in  which  the  United  States 
is  a  party  or  interested. 

Sec.  4041.  The  net  amount  decreed  for  distribution  to  the  United 
States,  or  to  vessels  of  the  Navy,  shall  be  ordered  by  the  court  to  be 
paid  into  the  Treasury  of  the  United  States,  to  be  distributed  according- 
to  the  decree  of  the  court.  The  Treasury  Department  shall  credit  the 
Navy  Department  with  each  amount  received  to  be  distributed  to  \es- 
sels  of  the  Navy ;  and  the  persons  entitled  to  share  therein  shall  be  sev- 
erally credited"  in  their  accounts  with  the  Navy  Department  with  the 
amounts  to  which  they  are  respectively  entitled.  In  case  of  vessels  not 
of  the  Navy,  and  not  controlled  by  any  Department  of  the  Go^^erumeut, 
the  distribution  shall  be  made  by  the'court  to  the  several  parties  enti- 
tled thereto,  and  the  amounts  decreed  to  them  shall  be  divided  between 
the  owners  and  the  ship's  company,  according  to  any  written  agreement 
between  them,  and  in  the  absence  of  such  agreement,  one-half  to  the 
owners  and  one  half  to  the  shi])'s  company,  according  to  their  respective 
rates  of  pay  on  board;  and  the  court  may  appoint  a  commissioner  to 
make  such  distribution,  subject  to  the  control  of  the  court,  who  shall 
make  due  return  of  his  doings,  with  proof  of  actual  payments  by  him, 
and  wlio  shall  receive  no  other  compensation,  directly  or  indirectly,  than 
such  as  shall  be  allowed  him  by  the  court.  In  case  of  vessels  not  of  the 
Navy,  but  controlled  by  either  Executive  Department,  the  whole  amount 
decreed  to  the  captors  shall  be  divided  among  the  ship's  comi)any. 

Sec.  4042.  All  ransom-money,  salvage,  bounty,  or  proceeds  of  con- 
demned property,  accruing  or  awarded  to  any  vessel  of  the  Navy,  shall 
be  distributed  and  paid  to  the  officers  and  men  entitled  thereto  in  the 
same  manner  as  prize-money,  under  the  direction  of  the  Secretary  of 
the  Navy. 

Sec.  4043.  Every  assignment  of  prize  or  bounty  money  due  to  i)er- 
sons  enlisted  in  the  naval  service,  and  all  i)owers  of  attorney  or  other 
authority  to  draw,  receipt  for,  or  transfer  the  same,  shall  be  void,  unless 
the  same  be  attested  by  the  captain,  or  other  cf)mmanding  officer,  and 
the  paymaster. 

Sec!  4044.  The  clerk  of  each  district  court  shall  render,  to  the  Secre- 
tary of  the  Treasury  and  the  Secretary  of  the  Navy,  a  semi  annual  state- 
ment of  all  tlie  sums  allowed  by  the  court,  and  ordered  to  be  paid, 
within  the  previous  half-year,  to  the  district  attorney  and  prize-commis- 
sioners for  services,  and  to  marshals  for  fees  and  commissions;  and  he 
shall,  in  all  ])rize-causes  in  the  district,  for  the  purpose  of  the  final  de- 
cree of  distribution,  ascertain  and  keep  an  account  of  the  amount  de- 
posited with  the  assistant  treasurer,  subject  to  the  order  of  the  court, 
in  each  ])rize-cause,  and  the  amounts  ordered  to  be  paid  therefrom  as 
costs  and  charges,  and  the  residue  for  distribution;   and  shall  send 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       J,i)0 

copies  of  all  final  decrees  of  distribution  to  the  Secretary  of  the  Treas- 
ury and  the  Secretary  of  the  Navy ;  and  shall  draw  the  orders  of  the 
court  for  the  payment  of  all  costs  and  allowances,  and  for  the  distril)U- 
tion  of  the  residue.  For  these  services  he  shall  he  entitled  to  receive 
the  sum  of  twenty-five  dollars  in  each  prize-cause,  which  shall  be  in  full 
for  the  services  required  by  this  section. 

Sec.  4G45.  The  marshal  shall  be  allowed  his  actual  and  necessary  ex- 
penses for  the  custody,  care,  ])reservation,  insurance,  sale,  orotiier  dis- 
posal of  the  prize-property,  aiul  for  executing-  any  order  of  the  court 
respecting  the  same,  and  shall  have  a  conimission  of  one-quarter  of  one 
per  ceiilum  on  vessels,  and  of  one-half  of  one  per  centum  on  all  other 
prize  ])ro[)erty,  calculated  on  the  gross  proceeds  of  each  salii ;  and  if, 
after  he  has  ha<l  any  prize-i)roperty  in  his  custody,  and  has  actually 
])erformed  labor  and  incurred  responsibility  for  the  care  and  preserva- 
tion thereof,  the  same  is  taken  by  the  LTnited  States  for  its  own  use 
without  a  sale,  or  if  it  is  delivered  on  stipulation  to  the  claimants,  he 
shall,  in  case  the  same  is  condemned,  be  entitled  to  one-half  the  above 
commissions  on  the  amount  deposited  by  the  United  States  to  the  order 
of  the  courts,  or  collected  u[)0u  the  stii)ulation.  Xo  charges  of  the  mar- 
shal for  expenses  or  disbursements  shall  be  allowed,  except  upon  his 
oath  that  the  same  have  been  actually  and  necessarily  incurfed  for  the 
purpose  stated. 

Sec.  404(5.  The  district  attorney  and  prize-commissioners,  except  the 
naval  officer,  shall  be  allowed  a  just  and  suitable  compensation  for  their 
respective  services  in  each  prize-cause,  to  be  adjusted  and  determined 
by  the  court,  and  to  be  paid  as  costs  in  the  cause. 

Sec.  4047.  Each  district  attorney  and  prize  commissioner,  except  the 
naval  officer,  shall  remler  to  the  Attorney- General  an  annual  account  of 
all  sums  he  shall  have  received  for  all  services  in  prize  causes  within  the 
previous  year;  and  the  district  attorney  shall  be  allowed  to  retain  there- 
from a  sum  not  exceeding  three  thousand  dollars  a  year,  in  addition  to 
the  maximum  con)])ensation  allowed  to  be  retained  by  him;  under  the 
provisions  of  Title  XIII,  '^  The  Judiciaiiy,"  or  in  addition  to  any  salary 
h3  may  receive  in  lieu  of  such  maximum  compensation  ;  and  each  such 
prize-commissioner  shall  be  allowed  tor<4ain  a  sum  not  exceeding  three 
thousand  dollars  a  year,  which  shall  be  in  full  for  all  his  official  services 
in  prize-causes;  and  any  excess  over  those  respective  amounts  shall  be 
paid  by  the  officer  receiving  the  same  into  the  Treasury  of  the  United 
States,  and  shall  be  credited  to  the  fund  lor  paying  naval  pensions. 

Sec.  4048.  The  court  may  allow  such  compensation  as  it  deems  just 
under  the  circumstances  of  each  case  to  any  special  counsel  for  captors, 
not  being  the  district  attorney  or  any  of  his  assistants,  whether  api)ointed 
by  an  Executive  JJepartment  or  by  captors,  for  services  actually  ren- 
dered in  the  cause,  to  be  paid  as  costs,  in  whole  or  in  part,  either  froRi 
the  entire  fuml  or  from  the  ])ortion  awarded  to  the  captors  ;  but  no  such 
allowance  shall  be  made,  except  for  services  rendered  on  matters  as  to 
which  the  party  the  counsel  represents  has  an  adverse  interest  to  the 
United  States,  or  an  interest  otherwise  proper  in  the  opinion  o4'  the  court 
to  be  represented  by  special  counsel,  or  for  services  rendered  in  a  con- 
testation between  parties  claiming  to  participate  iu  the  distribution  of 
the  proceeds. 

*  Sec.  404!>.  Fees  of  special  counsel  in  prize-cases  incurred  or  author- 
ized by  any  Department,  or  for  the  defense  of  captors  against  deuumds 
for  damages  made  by  claimants  in  the  district  court,  not  paid  by  claim- 


See  8CC8.  361  and  363  365. 


254  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

ants,  uor  from  the  prize-fund  in  the  particular  cause,  and  audited  and 
allowed  by  the  Department  incurring  or  authorizing  them,  and  by  the 
Solicitor  of  the  Treasury,  shall  be  a  charge  upon,  and  paid  out  of,  the 
funds  appropriated  for  defraying  the  expenses  of  suits  in  which  the 
United  States  is  a  party  or  interested. 

Sec.  4G50.  The  auctioneers  employed  to  make  sales  of  prize-property 
shall  be  entitled  to  receive  commissions  by  a  scale  to  be  established 
by  the  Secretary  of  the  Navy,  not  to  exceed,  in  any  case,  one-half  of 
one  per  centum  on  any  sum  exceeding  ten  thousand  dollars  on  vessels, 
nor  one  per  centum  on  that  sum  on  other  prize-property,  which  shall  be 
in  full  for  expenses,  as  well  as  for  services ;  and  in  case  no  such  scale 
shall  be  established,  they  shall  be  entitled  to  receive  such  compensation 
as  the  court  shall  deem  just  under  the  circumstances  of  each  case. 

Sec.  4651.  Whenever  the  court  shall  allow  fees  to  any  witness  in  a 
prize-cause,  or  fees  for  taking  evidence  out  of  the  district  in  which  the 
court  sits,  and  there  is  no  money  subject  to  its  order  in  the  cause,  the 
same  shall  be  paid  by  the  marshal,  and  shall  be  repaid  to  him  from  any 
money  deposited  to  the  order  of  the  court  in  the  cause ;  and  any  amount 
not  so  repaid  the  marshal  shall  be  allowed  as  witness-fees  paid  by  him 
in  cases  in  which  the  United  States  is  a  party. 

Sec.  4652.  When  any  vessel  or  other  property  shall  have  been  cap- 
tured by  any  force  hostile  to  the  United  States,  and  shall  be  recaptured, 
and  it  shall  appear  to  the  court  that  the  same  had  not  been  condemned 
as  prize  before  its  recapture,  by  any  competent  authority,  the  court 
shall  award  a  meet  and  competent  sum  as  salvage,  according  to  the 
circumstances  of  each  case.  If  the  captured  property  belonged  to  the 
United  States,  it  shall  be  restored  to  the  United  States,  and  there  shall 
be  paid  from  the  Treasury  of  the  United  States  the  salvage,  costs,  and 
expenses  ordered  by  the  court.  If  the  recaptured  property  belonged 
to  persons  residing  within  or  under  the  protection  of  the  United  States, 
the  court  shall  adjudge  the  property  to  be  restored  to  its  owners,  upon 
their  claim,  on  the  payment  of  such  sums  as  the  court  may  award  as 
salvage,  costs,  and  expenses.  If  the  recaptured  property  belonged  to 
any  person  permanently  resident  within  the  territory  and  under  the 
protection  of  any  foreign  prince,  government,  or  state  in  amity  with  the 
United  States,  and  by^the  law  or  usage  of  such  prince,  government,  or 
state,  the  property  of  a  citizen  of  the  United  States  would  be  restored 
under  like  circumstances  of  recapture,  it  shall  be  adjudged  to  be  re- 
stored to  such  owner,  upon  his  claim,  upon  such  terms  as  by  the  law  or 
usage  of  such  prince,  gov^ernment,  or  state  would  be  required  of  a  citi- 
zen of  the  United  States  under  like  circumstances  of  recapture;  or  when 
no  such  law  or  usage  shall  be  known,  it  shall  be  adjudged  to  be  re- 
stored upon  the  payment  of  such  salvage,  costs,  and  expenses  as  the 
court  shall  order.  The  whole  amount  awarded  as  salvage  shall  be  de- 
creed to  the  captors,  and  no  part  to  the  United  States,  and  shall  be 
distributed  as  in  the  case  of  proceeds  of  property  condemned  as  prize. 
JS^othing  in  this  Title  shall  be  construed  to  contravene  any  treaty  of  the 
United  States. 


PART   XII. 


1.  Customs  laws. 

2.  collectiox  op  duties, 

3.  Coins,  weights,  and  measures. 


1.— CUSTOMS  LAWS. 

DUTIES   UPON   IMPORTS. 
(Revised  Statutes,  Title  XXXIII.) 

Sec.  2491.  All  persons  are  prohibited  from  importiiig  into  the  United 
States,  from  any  foreign  country,  any  obscene  book,  pamphlet,  paper, 
writing-,  advertisement,  circular,  print,  picture,  drawing,  or  other  repre- 
sentation, figure  or  image  on  or  of  paper  or  other  material,  or  any  cast, 
instrument,  or  other  article  of  an  immoral  nature,  or  any  drug-  or  med- 
icine, or  any  article  whatever,  for  the  prevention  of  conception,  or 
for  causing  unlawful  abortion.  No  invoice  or  package  whatever,  or 
any  part  of  one,  in  which  any  such  articles  are  contained  shall  be 
admitted  to  entry ;  and  all  invoices  and  packages  whereof  any  such  ar- 
ticles shall  compose  a  part  are  liable  to  be  proceeded  against,  seized, 
and  forfeited  by  due  course  of  law.  All  such  prohibited  articles  in  the 
course  of  importation  shall  be  detained  by  the  officer  of  customs,  and 
proceedings  taken  against  the  same  as  prescribed  in  the  following-  sec- 
tion: Provided,  That  the  drugs  hereinbefore  mentioned,  when  imported 
in  bulk  and  not  put  up  for  any  of  the  purposes  hereinbefore  specilied, 
are  excepted  from  the  operation  of  this  section. 

Sec.  2492  [1785].  Whoever,  being  an  ofticer,  agent,  or  employee  of  the 
Government  of  the  United  States,  shall  knowingly  aid  or  abet  any  per- 
son engaged  in  any  violation  of  any  of  the  provisions  of  law  prohibiting 
importing,  advertising-,  dealing  in,  exhibiting,  or  sending  or  receiving 
by  mail  obscene  or  indecent  publications  or  representations,  or  means 
for  preventing  conception  or  procuring  abortion,  or  other  articles  of 
indecent  or  immoral  use  or  tendency,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall  for  every  offense  be  punishable  by  a  tine  of  not 
more  than  five  thousand  dollars  or  by  imprisonment  at  hard  labor  for 
not  more  than  ten  years,  or  both. 

Sec.2493  [2492].  Aiiyjudgeof  anydistrict  or  circuit  court  of  the  United 
States,  within  the  proper  district,  before  whom  complaint  in  writing  of 
any  violation  of  the  preceding  sections  is  nlade,  to  the  satisfaction  of 
such  judge,  and  founded  on  knowledge  or  belief,  and,  if  upon  belief, 
setting  forth  the  grounds  of  such  belief,  and  supported  by  oath  or 
affirmation  of  the  complainant,  may  issue^  conformably  to  the  Constitu- 
tion, a  warrant  directed  to  the  marshal,  or  any  deputy  marshal,  in  the 
proper  district,  directing  him  to  search  for,  seize,  and  take  possession 

255 


256  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

of  any  such  article  or  thing'  hereinbefore  mentioned,  and  to  make  due 
and  immediate  return  thereof  to  the  end  that  the  same  may  be  con- 
demned and  destroyed  by  iH'oceediugs,  which  shall  be  conducted  in" the 
same  manner  as  other  proceedings  in  the  case  of  municipal  seizure,  and 
with  the  same  right  of  appeal  or  writ  of  error. 

Sec.  2494.  The  importation  of  neat  cattle  and  the  liides  of  neat  cattle 
from  any  foreign  country  into  the  United  States  is  i)rohibited  :  Pro- 
vided^ That  the  operation  of  this  section  shall  be  suspended  as  to  any 
foreign  country  or  countries,  or  any  i)artsof  such  country  or  countries, 
whenever  the  Secretary  of  the  Treasury  shall  ofticially  determine,  and 
give  public  notice  thereof,  that  such  importation  will  not  tend  to  the 
introduction  or  spread  of  contagious  or  infectious  diseases  among  the 
cattle  of  the  United  States ;  and  the  Secretary  of  the  Treasury  is  hereby 
authorized  and  empowered,  and  it  shall  be  his  duty,  to  make  all  neces- 
sary orders  and  regulations  to  carry  this  law  into  effect,  or  to  suspend 
the  same  as  therein  provided,  and  to  send  copies  thereof  to  the  i)roper 
officers  in  the  United  States,  and  to  such  officers  or  agents  of  th.' United 
States  in  foreign  countries  as  he  shall  judge  lu'cessary. 

Sec.  2495.  Any  ])ersou  conxicted  of  a  willful  violation  of  any  of  the 
provisions  of  the  preceding  section  shall  be  lined  not  exceeding  tive 
hundred  dollars,  or  imprisoned  not  exceeding  one  year,  or  both,  in  the 
discretion  of  the  court. 

Sec.  249().  No  watches,  watch-cases,  watch-movements,  or  ]>arts  of 
watch- movements,  or  any  other  articles  of  foreign  manufticture,  which 
shall  copy  or  simulate  the  name  or  trade  mark  of  any  domestic  manu- 
facture, shall  be  admitted  to  entry  at  the  custom-houses  of  the  United 
States,  unless  such  domestic  manufacturer  is  the  importer  of  the  same. 
And  in  order  to  aid  the  ofificei-s  of  the  customs  in  enforcing  this  ]uohibi- 
tion,  any  domestic  manufacturer  who  has  adopted  trade-marks  may 
require  liis  name  and  residence  and  a  description  of  his  tradenmrks  to 
be  recorded  iu  bookt;  which  shall  be  kept  for  that  ourpose  in  the  Depart- 
ment of  the  Treasury,  under  such  regulations  as  the  Secretary  of  the  ' 
Treasury  shall  presciibe,  and  may  furnish  to  tlie  De])artment facsimiles 
of  such  trade  marks;  and  thereupon  the  Secretary  of  the  Treasury  shall 
cause  one  or  more  coi)ies  of  the  same  to  be  transmitted  to  each  collector 
or  other  proi)er  officer  of  the  customs. 

Sec.  2497.  No  goods,  wares,  or  merchandise,  u)dess  in  cases  ]»rovided 
for  by  treaty,  shall  be  im[>orted  into  the  United  States  from  any  foreign 
port  or  place,  except  in  vessels  of  the  United  States,  or  in  such  foreign 
vessels  as  truly  and  wholly  belong  to  the  citizens  or  subjects  of  that 
country  of  which  the  goods  are  the  growth,  production,  or  uumufacture; 
or  from  which  such  goods,  wares,  or  merchaudisie  can  only  be,  or  most 
usually  are,  first  shipped  for  transportation.  All  goods,  wares,  or  mer- 
chandise imported  contrary  to  this  section,  and  the  vessel  wherein  the 
same  shall  be  imported,  together  with  her  cargo,  tackle,  apparel,  and 
furniture,  shall  be  forfeited  to  the  United  States;  and  such  goods,  wares, 
or  merchandise,  ship,  or  vessel,  and  cargo  shall  be  liable  to  be  seized, 
prosecuted,  and  condemned,  in  like  manner,  and  under  the  same  regu- 
lations, restrictions,  and  pio\isions  as  have  been  heretofore  established 
for  the  recovery,  collection,  distribution,  and  remission  of  forfeitures  to 
the  United  States  by  the  several  Revenue  Laws. 

Sec.  2498.  The  preceding  section  shall  not  apply  to  vessels, or  goods, 
wares,  or  merchandise,  imported  in  vessels  of  a  foreign  nation  which 
does  not  maintain  a  similar  regulation  against  vessels  of  the  United 
States. 

Sec.  2499.  There  shall  be  levied,  collected,  and  paid  on  each  and 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  257 

every  nou-enumerated  article  which  bears  a  similitude,  either  in  mate- 
rial, quality,  texture,  or  the  use  to  which  it  may  be  applied,  to  any  arti- 
cle enumerated  in  this  title  as  charoeable  with  duty,  the  same  rate  of 
duty  which  is  levied  and  charged  on  the  enumerated  article  which  it 
most  resembles  in  any  of  the  particulars  before  mentioned ;  and  if  any 
non-enumerated  article  equally  resembles  two  or  more  enumerated  arti- 
cles on  which  different  rates  are  chargeable,  there  shall  be  levied,  col- 
lected, and  paid  on  such  non-enumerated  article  the  same  rate  of  duty 
as  is  chargeable  on  the  article  which  it  resembles  paying  the  highest 
duty  ;  and  on  all  articles  manufactured  from  two  or  more  materials  the 
duty  shall  be  assessed  at  the  highest  rates  at  which  the  component  ma- 
terial of  chief  value  may  be  chargeable.  If  two  or  more  rates  of  duty 
should  be  applicable  to  any  imported  article,  it  shall  be  classified  for 
duty  under  the  highest  of  such  rates:  Provided,  That  non-enumerated 
articles  similar  in  material  and  quality  and  texture,  and  the  use  to  which 
they  may  be  api)lied,  to  articles  on  the  free  list,  and  in  the  manufacture 
of  which  no  dutiable  materials  are  used,  shall  be  free. 

Sec.  2500.  Upon  the  reimi)ortation  of  articles  once  exported  of  the 
growth,  product,  or  manufacture  of  the  United  States,  upon  which  no 
intern;d  tax  has  been  assessed  or  paid,  or  ui)on  which  such  tax  has  been 
paid  and  refunded  by  allowance  or  drawback,  there  shall  be  levied,  col- 
lected, and  paid  a  duty  equal  to  the  tax  imposed  by  the  internal-revenue 
laws  upon  such  articles 

Sec.  2.501  [2502].  A  discriminating  duty  of  ten  per  centum  ad  valorem, 
in  addition  to  the  duties  imi)osed  by  law,  shall  be  levied,  collected,  and 
paid  on  all  goods,  wares,  and  merchandise  which  shall  be  imported  on 
vessels  not  of  the  United  States  ;  but  this  discriminating  duty  shall  not 
apply  to  goods,  wares,  and  merchandise  which  shall  be  imported  in  ves- 
sels not  of  the  United  States,  entitled,  by  treaty  or  any  act  of  Congress, 
to  be  entered  in  the  ports  of  the  United  States  on  payment  of  the  same 
duties  as  shall  then  be  paid  on  goods,  wares,  and  merchandise  imported 
in  vessels  of  the  United  States. 

Sec.  2502  [2503].  There  shall  be  levied,  collected,  and  paid  upon  all 
articles  imi)orted  from  foreign  countries,  and  mentioned  in  the  schedules 
herein  contained,  the  rates  of  duty  which  are,  by  the  schedules,  re- 
spectively prescribed,  namely: 

Schedule  A— Chemical  Products. 

Glue,  twenty  per  centum  ad  valorem. 

Beeswax,  twenty  per  centum  ad  valorem. 

Gelatine  and  all  similar  prejiarations,  thirty  per  centum  ad  valorem. 

Glycerine,  crude,  brown  or  yellow,  of  the  specific  gravity  of  one  and 
twenty-five  hundredths  or  less  at  a  temperature  of  sixty  degrees  Fahren- 
heit, not  ])uritied  by  refining  or  distilling,  two  cents  per  pound. 

Glycerine,  Tefined,  five  cents  i)er  pound. 

Fish-glue  or  isinglass,  twenty-five  per  centum  ad  valorem. 

Phosphorus,  ten  cents  ])er  pound. 

Soap,  hard  and  soft,  all  which  are  not  otherwise  specially  enumerated 
or  provided  for  in  this  act,  and  castile  soap,  twenty  per  centum  ad  valo- 
rem. 

Fancy,  perfumed,  and  all  descriptions  of  toilet  soap,  fifteen  cents  per 
pound. 

Sponges,  twenty  per  centum  ad  valorem. 

Sumac,  ground,  three-tenths  of  one  cent  per  pound,  and  sumac  ex- 
tract, twentv  per  centum  ad  valorem, 
H.  Mfs.  391 17 


258  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Acid,  acetic,  acetous,  or  pyroligueous  acid,  not  exceeding  the  specific 
gravity  of  one  and  fortj^-seven  one-thousandths,  two  cents  per  pound  ; 
exceeding  the  specific  gravity  of  one  and  forty-seven  one-thousandths, 
ten  cents  per  pound. 

Acid,  citric,  ten  cents  per  pound. 

Acid,  tartaric,  ten  cents  per  pound. 

Camphor,  refined,  five  cents  per  pound. 

Castor  beans,  or  seeds,  fifty  cents  per  bushel  of  fifty  pounds. 

Castor  oil,  eighty  cents  per  gallon. 

Cream  of  tartar,  six  cents  per  pound. 

Dextrine,  burnt  starch,  gum  substitute,  or  British  gum,  one  cent  per 
pound. 

Extract  of  hemlock,  and  other  bark  used  for  tanning,  not  otherwise 
enumerated  or  provided  for  in  this  act,  twenty  per  centum  ad  valorem. 

Glucose,  or  grape  sugar,  twenty  per  centum  ad  valorem. 

Indigo,  extracts  of,  and  carmiued,  ten  per  centum  ad  valorem. 

Iodine,  resublimed,  forty  cents  per  pound. 

Licorice,  paste  or  roll,  seven  and  one-half  cents  per  pound;  licorice 
juice,  three  cents  per  pound. 

Oil  of  bay-leaves,  essential,  or  bay  rum  essence  or  oil,  two  dollars 
and  fifty  cents  per  pound. 

Oil,  croton,  fifty  cents  per  pound. 

Oil,  flaxseed  or  linseed,  and  cotton-seed  oil,  twenty-five  cents  per  gal- 
lon, seven  and  one-half  pounds  weight  to  be  estimated  as  a  gallon. 

Hemp-seed  oil  and  rape  seed  oil,  ten  cents  per  gallon. 

Soda  and  potassa,  tartrate,  or  rochelle  salt,  three  cents  per  pound. 

Strychnia,  or  strychnine,  and  all  salts  thereof,  fifty  cents  per  ounce. 

Tartars,  partly  refined,  including  lees  crystals,  four  cents  per  pound. 

Alumina,  alum,  patent  alum,  alum  substitute,  sulphate  of  alumina, 
and  aluminous  cake,  and  alum  in  crystals  or  ground,  sixty  cents  per 
hundred  pounds. 

Ammonia,  anhydrous,  liquefied  by  pressure,  twenty  per  centum  ad 
valorem. 

Ammonia  aqua,  or  water  of  ammonia,  twenty  per  centum  ad  valorem. 

Ammonia,  muriate  of,  or  sal  ammoniac,  ten  per  centum  ad  valorem. 

Ammonia,  carbonate  of,  twenty  per  centum  ad  valorem. 

Ammonia,  sulphate  of,  twenty  per  cent  ad  valorem. 

All  imitations  of  natural  mineral  waters  and  all  artificial  mineral 
waters,  thirty  per  centum  ad  valorem. 

Asbestos,  inanufactured,  twenty  five  per  centum  ad  valorem. 

Baryta,  sulphate  of,  or  barytes,  unmanufactured,  ten  per  centum  ad 
valorem. 

Baryta,  sulphate  of,  or  barytes,  manufactured,  one-fourth  of  one  cent 
per  ])ound. 

Refined  borax,  five  cents  per  pound. 

Pure  boracic  acid,  five  cents  per  pound ;  commercial  boracic  acid, 
four  cents  per  pound  ;  borate  of  lime,  three  cents  per  pound;  crude 
borax,  three  cents  per  i)ound. 

Cement,  Roman,  Portland,  and  all  others,  twenty  per  centum  ad 
valorem. 

Whiting  and  Paris  white,  dry,  one-half  cent  per  pound ;  ground  in  oil, 
or  putty,  one  cent  per  pound. 

Prepared  chalk,  i)recipitated  chalk,  French  chalk,  red  chalk,  and  all 
other  chalk  preparations  which  are  not  si)ecially  enumerated  or  provided 
for  in  this  act,  twenty  per  centum  ad  valorem. 

Chromic  acid,  fifteen  per  centum  ad  valorem. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  259 

Ohromate  of  potash,  three  cents  per  ])oiiud. 

Bichromate  of  potash,  three  cents  i)er  pound. 

Cobalt,  oxide  of,  twenty  per  centum  ad  valorem. 

Copper,  sulphate  of,  or  blue  vitriol,  three  cents  per  pound. 

Iron,  suli)hate  of,  or  copi)eras,  three-tenths  of  one  cent  per  pound. 

A.cetate  of  lead,  brown,  four  cents  per  pound. 

Acetate  of  lead,  white,  six  cents  per  pound. 

White  lead,  when  dry  or  in  pulp,  three  cents  per  pound  ;  when  ground 
or  mixed  in  oil,  three  cents  per  })Ouud. 

Litharge,  three  cents  per  pound. 

Orange  mineral,  and  red  lead,  three  cents  per  pound. 

Nitrate  of  lead,  three  cents  per  pound. 

Magnesia,  medicinal,  carbonate  of,  five  cents  per  pound. 

Magnesia,  calcined,- ten  cents  per  pound. 

Magnesia,  sulphate  of,  or  Epsom  salts,  one-half  of  one  cent  per  pouad. 
Potash  : 

Crude,  carbonate  of,  or  fused,  and  caustic  potash,  twenty  per  centum 
ad  valorem. 

Chlorate  of,  three  cents  per  pound. 

Hydriodate,  iodide  and  iodate  of,  fifty  cents  per  pouud. 

Prussiate  of,  red,  ten  cents  per  pound. 

Prussiate  of,  yellow,  five  cents  per  pound. 

Nitrate  of,  or  saltpetej,  crude,  one  cent  per  pound. 

Nitrate  of,  or  refined  saltpeter,  one  and  one-half  cents  per  pound. 

Sulphate  of.  twenty  per  centum  ad  valorem. 
Soda: 

Soda-ash,  one-quarter  of  one  cent  per  pound. 

Soda,  sal,  or  soda  crystals,  one-quarter  of  one  cent  per  pound. 

Bicarbonate  of,  or  super-carbonate  of,  and  salaratus,  calcined  or  pearl 
ash,  one  and  one-half  cents  per  jDound. 

Hydrate  or  caustic,  one  cent  per  pound. 

Sulphate,  known  as  salt  cake,  crude  or  refined,  or  niter  cake,  crude 
or  refiner!,  and  Glauber's  salt,  twenty  per  centum  ad  valorem. 

Soda,  silicate  of,  or  other  alkaline  silicate,  one-half  of  one  cent  per 
pound. 

Sulphur: 

Kefined,  in  rolls,  ten  dollars  per  ton. 

Sublimed,  or  flowers  of,  twenty'  dollars  per  ton. 

Wood-tar,  ten  per  centum  ad  valorem. 

Coal  tar,  crude,  ten  per  centum  ad  valorem. 

Coal-tar,  products  of,  such  as  naphtha,  benzine,  benzole,  dead  oil,  and 
pitch,  twenty  per  centum  ad  valorem. 

All  coul-tar  colors  or  dyes,  by  whatever  name  known,  and  not  spe- 
cially enumerated  or  provided  for  in  this  act,  thirty-five  per  centum  ad 
valorem. 

All  preparations  of  coal-tar,  not  colors  or  dye,  not  specially  enumer- 
ated or  provided  for  in  this  act,  twenty  per  centum  ad  valorem. 

Logwood  and  other  dyewoods,  extracts  and  decoctions  of,  ten  per 
centum  ad  valorem. 

Ultramarine,  five  cents  per  pound. 

Turpentine,  spirits  of,  twenty  cents  per  gallon. 

Colors  and  i)aints,  including  lakes,  whether  dry  or  mixed,  or  ground 
with  water  or  oil,  and  not  specially  enumerated  or  provided  for  in  this 
act,  twenty-five  per  centum  ad  valorem. 

The  i)igment  known  as  bone  black,  and  ivory-drop  black,  and  bone 
char,  twenty-five  per  centum  ad  valorem. 


260  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Ocber,  and  ocbery  earths,  umber  and  umber  earths,  and  sienna  and 
sienna  earths,  when  dry,  one-half  of  one  cent  per  pound  ;  when  ground 
in  oil,  one  and  one  half  cents  per  pound. 

Zinc,  oxide  of,  when  dry,  one  and  one-fourth  cent  per  pound. 
Zinc,  oxide  of,  when  ground  in  oil,  one  and  three-fourths  cent  per 
pound. 

All  preparations  known  as  essential  oils,  expressed  oils,  distilled  oils, 
rendered  oils,  alkalis,  alkalouls,  and  all  combinations  of  any  of  the  fore- 
going, and  all  chemical  compounds  and  salts,  by  whatever  name  known, 
and  not  specially  enumerated  or  provided  for  in  this  act,  twenty-live 
per  centum  ad  valorem. 

Preparations :  all  medicinal  i)reparations  known  as  cerates,  conserves, 
decoctions,  emulsions,  extracts,  solid  or  fluid;  infusions,  juices,  lini- 
ments, lozenges,  mixtures,  mucilages,  oiutmp.nts,  dleo  resins,  \n\\s,  plas- 
ters, powders,  resins,  suppositories,  sirups,  vinegars,  and  waters,  of  any 
of  which  alcohol  is  not  a  component  part,  and  which  are  not  specially 
enumerated  or  provided  for  in  this  act,  twenty-five  per  centum  ad  va- 
lorem. 

All  barks,  beans,  berries,  balsams,  buds,  bulbs,  and  bulbus  roots,  and 
excrescences,  such  as  nutgalls,  fruits,  flowers,  dried  fibers,  grains,  gums, 
and  gum-resins,  herbs,  leaves,  lichens,  mosses,  nuts,  roots  and  stems, 
spices,  vegetables,  seeds  (aromatic,  notgarden  seeds),  and  seeds  of  morbid 
growth,  weeds,  woods  used  expressly  tor  dyeing,  and  dried  insects,  any 
of  the  foregoing  of  which  are  not  edible,  but  which  have  been  advanced 
in  value  or  condition  by  refining  or  grinding,  or  by  other  process  of 
manufacture,  and  not  specially  enumerated  or  provided  for  in  this  act, 
ten  per  centum  ad  valorem. 

All  non-dutiable  crude  minerals,  but  which  have  been  advanced  in 
value  or  condition  by  refining  or  grinding,  or  by  other  process  of  manu- 
facture, not  specially  enumerated  or  provided  for  in  this  act,  ten  per 
centum  ad  valorem. 

All  ground  or  powdered  spices  not  specially  enumerated  or  provided 
for  in  this  act,  five  cents  per  pound. 

All  earth  or  clays,  unwrought  or  unmanufactured,  not  specially  enu- 
merated or  provided  for  in  this  act,  one  dollar  and  fifty  cents  per  ton. 
All  earths  or  clays,  wrought  or  manufactured,  not  specially  enu- 
merated or  provided  for  in  this  act,  three  dollars  per  ton;  china  clay,  or 
kaoline  three  dollars  per  ton. 

Proprietary  pre])arations,towit:  All  cosmetics,  pills,  powders,  troches, 
or  lozenges,  sirups,  cordials,  bitters,  anodynes,  tonics,  plasters,  liniments, 
salves,  ointments,  pastes,  droits,  waters,  essences,  spirits,  oils  or  prepa- 
rations or  compositions  recouimended  to  the  public  as  proprietary  arti- 
cles, or  prepared  according  to  some  private  formula,  as  remedies  or 
specifics  for  any  disease  or  diseases,  or  aflections  whatever,  afl'ecting 
the  human  or  animal  body,  including  all  toilet  preparations  whatever, 
used  as  applications  to  the  hair,  mouth,  teeth,  or  skin,  not  specially 
enumerated  or  provided  for  in  this  act,  fifty  per  centum  ad  valorem. 
Alcoholic  preparations: 
Alcoholic  perfumery,  including  cologne  water,  two  dollars  per  gallon 
and  fifty  per  centum  ad  valorem. 

Distilled  spirits,  containing  fifty  per  centum  of  anhydrous  alcohol, 
one  dollar  per  gallon. 

Alcohol,  containing  ninety-four  per  cent,  anhydrous  alcohol,  two  dol- 
lars per  gallon. 

Alcoholic  compounds,  not  otherwise  specially  enumerated  or  provided 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  261 

for,  two  dollars  per  gallon  for  the  alcohol  contaiued  and  twenty-five  per 
centum  ad  valorem. 

Chloroform,  fifry  cents  per  pound. 

Collodion,  and  allcomi)oundsofpyroxyliue,  by  whatever  name  known, 
fifty  cents  per  pound ;  rolled  or  in  sheets,  but  not  made  up  into  articles, 
sixty  cents  per  pound,  and  when  in  finished  or  partly  finished  articles, 
sixty  cents  i)er  pound  and  twenty-five  per  centum  ad  valorem. 

Ether,  sulphuric,  fifty  cents  per  pound. 

Hoffman's  anodyne,  thirty  cents  per  pound. 

Iodoform,  two  dollars  per  pound. 

Acid,  tannic,  and  tannin,  one  dollar  per  pound. 

Ether,  nitrous,  spirits  of,  thirty  cents  per  pound. 

Santoniue,  three  dollars  per  pound. 

Amylic  alcohol,  or  fusel  oil,  ten  per  ceutum  ad  valorem. 

Oil  of  Cognac,  or  oenantic  ether,  four  dollars  per  ounce. 

Fruit  ethers,  oils,  or  essences,  two  dollars  and  fifty  cents  per  pound. 

Oil  or  essence  of  rum,  fifty  cents  per  ounce. 

Ethers  of  all  kinds,  not  specially  enumerated  or  provided  for  in  this 
act,  one  dollar  per  pound. 

Coloring  for  brandy,  fifty  per  centum  ad  valorem. 

Preparations :  All  medicinal  preparations  known  as  essences,  ethers, 
extracts,  mixtures,  spirits,  tinctures,  and  medicated  wines,  of  which  al- 
cohol is  a  component  part,  not  specially  enumerated  or  provided  for  in 
this  act,  fifty  cents  per  pound. 

Varnishes  of  all  kinds,  forty  per  ceutum  ad  valorem;  and  on  spirit 
varnishes,  one  dollar  and  thirty-two  cents  additional  per  gallon. 

Opium,  crude,  containing  nine  per  cent,  and  over  of  morphia,  one  dol- 
lar per  pound.  The  importation  of  opium,  containing  less  than  nine  per 
cent,  morphia  is  hereby  prohibited. 

Opium,  prepared  for  smoking,  and  fill  other  preparations  of  opium  not 
specially  enumerated  or  provided  for  in  this  act,  ten  <lollars  per  pound; 
but  opium  prepared  for  smoking,  and  other  preparations  of  opium  de- 
posited in  bonded  warehouses  shall  not  be  removed  therefrom  for  ex- 
portation without  payment  of  duties,  and  such  duties  shall  not  be  re- 
funded. 

Opium,  acpieous  extract  of,  for  medicinal  uses,  and  tincture  of,  as 
laudanum,  and  all  other.liquid  prei>aration.s  of  opium,  not  specially  enu- 
merated or  provided  for  in  this  act,  forty  per  centum  ad  valorem. 

Morphia  or  morphine,  and  all  salts  thereof,  one  dollar  per  ounce. 

ScnEDrLE  B.— Earthenware  and  Glassware. 

Brown  earth^'nware,  common  stoneware,  gas-retorts,  and  stoneware 
not  ornamented,  twenty  five  per  centum  ad  valoren). 

China,  ])orcelain,  parian,  and  bisque,  earthen,  stone,  and  crockery 
ware,  including  plaques,  ornaments,  charms,  vases,  and  statuettes, 
painted,  printed,  or  gilded,  or  otherwise  decorated  or  ornamented  in 
any  manner,  sixty  j)er  centum  ad  valorem. 

China,  porcelain,  parian,  and  bisque  ware,  plain  white,  and  not  orna- 
mented or  de(!orated  in  any  manner,  fifty  five  per  centum  ad  valorenj. 

All  other  earthen,  stone,  and  crockery  ware,  white,  glazed,  or  edged, 
composed  of  earthy  or  mineral  substances,  not  specially  enumerated  or 
provided  for  in  this  act,  fifty  five  per  centum  ad  valorem. 

Stoneware,  above  the  capacity  of  ten  gallons,  twenty  per  centum  ad 
valorem 

Encaustic  tiles,  thirty  five  per  centum  ad  valorem. 


262  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Brick,  fire  brick,  and  roofiug  and  paving-  tile,  not  specially  enumer- 
ated or  provided  lor  in  this  act,  twenty  per  centum  ad  valorem. 

Slates,  slate  pencils,  slate  chimney-pieces,  mantels,  slabs  for  tables, 
and  all  other  manufactures  of  shite,  thirty  per  centum  ad  valorem. 

Eooflng-slates,  twenty  five  i)er  centum  ad  valorem. 

Green  and  colored  glass  bottles,  vials,  demijohns  and  carboys  (cov- 
«ered  or  uncovered),  pickle  or  preserve  jars,  and  other  plain,  molded,  or 
pressed  green  and  colored  bottle  glass,  not  cut,  engraved,  or  painted, 
•and  not  specially  enumerated  or  provided  for  in  this  act,  one  cent  per 
pound  ;  if  filled,  and  not  otherwise  in  this  act  provided  for,  said  articles 
shall  pay  thirty  per  centum  ad  valorem  in  addition  to  the  duty  on  the 
contents. 

Flint  and  lime  glass  bottles  and  vials,  and  other  plain,  molded,  or 
pressed  fiint  or  lime  glassware,  not  specially  enumerated  or  provided 
for  in  this  act,  forty  i)er  centum  ad  valorem  ;  if  filled,  and  not  otherwise 
an  this  act  provided  lor,  said  articles  shall  pay,  exclusive  of  contents, 
forty  per  centum  ad  valorem  in  addition  to  the  duty  on  the  contents. 

Articles  of  glass,  cut,  engraved,  painted,  colored,  printed,  stained, 
silvered,  or  gilded,  not  including  plate-glass,  silvered,  or  looking-glass 
plates,  forty-five  per  centum  ad  valorem. 

All  glass'bottles,  and  decanters,  and  other  like  vessels  of  glass,  shall, 
if  filled,  pay  the  same  rates  of  duty,  in  addition  to  any  duty  chargeable 
<on  the  cont-euts,  as  if  not  filled,  except  as  in  this  act  otherwise  specially 
provided  for. 

Cylinder  and  crown  glass,  polished,  not  exceeding  ten  by  fifteen 
inches  square,  two  and  one  half  cents  per  square  foot;  above  that,  and 
tnot  exceeding  sixteen  by  twenty-four  inches  square,  four  cents  per 
square  foot ;  above  that,  and  not  exceeding  twenty-four  by  thirty  inches 
•square,  six  cents  per  square  foot ;  above  that,  and  not  exceeding  twenty- 
four  by  sixty  inches  square,  twenty  cents  per  square  foot ;  all  above 
that,  forty  cents  per  square  foot. 

Unpolished  cylinder,  crown,  and  common  window-glass,  not  exceed- 
ing ten  by  fifteen  inches  square,  one  and  three-eighths  cents  ])er  pound  ; 
above  that,  and  not  exceeding  sixteen  by  twenty-four  inches  square,  one 
and  seven  eighths  cents  i)er  pound  ;  above  that,  and  not  exceeding 
twenty-four  by  thirty  inches  square,  two  and  three-eighths  cents  per 
•])Ound;  all  abovethat,  two  and  seven  eighthscents  per  pound  :  Provided, 
That  unpolished  cylinder,  crown,  and  common  window-glass,  imported 
in  boxes  containing  fifty  square  feet,  as  nearly  as  sizes  will  permit,  now 
liuown  and  commercially  designated  as  fifty  feet  of  glass,  single  thick 
and  weighing  not  to  exceed  fifty-five  pounds  of  glass  per  box,  shall  be 
•entered  and  computed  as  fifty  pounds  of  glass  only ;  and  that  said  kinds 
•of  glass  imported  in  boxes  containing,  as  nearly  as  sizes  will  permit, 
fifty  feet  of  glass,  now  known  and  commercially  designated  as  fifty  feet 
of  glass,  double  thick  and  not  exceeding  ninety  pounds  in  weight,  shall 
l3e  entered  and  computed  as  eighty  pounds  of  glass  only;  but  in  all 
other  cases  the  duty  shall  be  comi»uted  according  to  the  actual  weight 
of  glass. 

Fluted,  rolled,  or  rough  ])late-glass,  not  including  crown,  cylinder,  or 
•common  window-glass.  Hot  exceeding  ten  by  fifteen  inches  square, 
;seventy-five  cents  per  one  hundied  square  feet ;  above  that,  and  not  ex- 
•ceeding  sixteen  by  twenty-four  inches  square,  one  cent  per  square  foot ; 
above  that,  and  not  exceeding  twenty-four  by  thirty  inches  square,  one 
cent  and  a  half  per  square  foot ;  all  above  that,  two  cents  per  square 
i"oot.     And  all  fluted,  rolled,  or  rough  plate-glass,  weighing  over  one 


NAVIGATION    LAWS    OF    THE    UNITED    STATES  263 

hiiudred  poiiiuls  per  one  liuiidred  square  feet,  shall  pay  an  additional 
duty  on  the  excess  at  the  same  rates  herein  imposed. 

Cast  i)olished  plate  glass,  unsilvered,  not  exceeding  ten  by  fifteen 
inches  square,  three  cents  per  square  foot;  above  that,  and  not  exceed- 
ing sixteen  by  twenty-four  inches  square,  five  cents  i)er  square  foot; 
above  that,  and  not  exceeding  twenly-four  by  thirty  inches  square,  eight 
cents  i)er  square  foot ;  above  that,  and  not  exceeding  twenty-four  by 
sixty  inches  square,  twenty-five  cents  per  square  foot ;  all  above  that, 
fifty  ceiits  i)er  square  foot. 

Cast  polished  plate-glass,  silvered,  or  looking-glass  plates,  not  ex- 
ceeding ten  by  fitteen  inches  square,  four  cents  per  square  foot;  above 
that,  and  not  exceeding  sixteen  by  twenty-four  inches  square,  six  cents 
per  square  foot;  above  that,  and  not  exceeding  twenty -four  by  thirty 
inches  square,  ten  cents  per  square  foot :  above  that,  and  not  exceeding 
twenty-four  by  sixty  inches  square,  thirty-five  cents  per  square  foot;  all 
above  that,  sixty  cents  i)er  square  foot. 

But  no  looking-glass  plates  or  plate-glass,  silvered,  when  framed,  shall 
pay  a  less  rate  of  duty  than  that  imposed  upon  similar  glass  of  like  de- 
scription not  framed,  but  shall  be  liable  to  pay,  in  addition  thereto,  thirty 
per  centum  ad  valorem  ui)on  such  trames. 

Porcelain  and  Bohemian  glass,  chemical  glassware,  painted  glass 
ware,  stained  glass,  and  all  other  manufactures  of  glass  or  of  which 
glass  shall  be  the  component  material  of  chief  value,  not  specially  enu- 
merated or  provided  for  in  this  act,  forty-five  per  centum  ad  valorem. 

Schedule  C. — Metals. 

Iron  ore,  including  manganiferous  iron  ore,  also  the  dross  or  residuum 
from  burnt  i)yrites,  seventy-five  cents  per  ton.  Sulphur  ore,  as  pyrites, 
or  sulpliuret  of  iron  in  its  natural  state,  containing  not  more  than  three 
and  one-Half  per  centum  of  copper,  seventy-five  cents  per  ton  :  Provided^ 
That  ore  containing  more  than  two  i)er  centum  of  copper,  shall  pay,  in 
addition  thereto,  two  and  one-half  cents  per  pound  for  the  copper  con- 
tained therein. 

Iron  in  pigs,  iron  kentledge,  spiegeleisen, wrought  and  cast  scrap-iron, 
and  scrap-steel,  three  tenths  of  one  cent  per  pound;  but  nothing  shall 
be  deemed  scrap-iron  or  scrap-steel  except  waste  or  refuse  iron  or  steel 
that  has  been  in  actual  use  and  is  fit  only  to  be  remanufactured. 

Iron  railway-bars,  weighing  more  than  twenty-five  pounds  to  the 
yard,  seven  tenths  of  one  cent  per  pouiul. 

Steel  railway-bars  and  railway-bars  made  in  part  of  steel,  weighing 
more  than  twenty-five  pounds  to  the  yard,  seventeen  dollars  per  ton 

Bar-iron,  rolled  or  hammered,  comprising  flats  not  less  than  one  inch 
wide,  nor  less  than  three-eighths  of  one  inch  thick,  eight  tenths  of  one 
cent  per  i>ound;  comprising  round  iron  not  less  than  three-fourths  of 
one  inch  in  diameter,  and  square  iron  not  less  than  three-fourths  of  one 
inch  square,  one  cent  per  pound;  comprising  flats  less  than  one  inch 
wide,  or  less  than  three-eighths  of  one  inch  thick;  round  iron  less  than 
three  fourths  of  one  inch  and  not  less  than  seven  sixteenths  of  one  inch 
in  diameter,  and  square  iron  less  than  threefourths  of  one  inch  square, 
one  and  one  tenth  of  one  cent  per  pound:  Provided /Hint  all  iron  in 
slabs,  blooms,  loops,  or  other  forms  less  finished  than  iron  in  bars,  and 
more  advanced  than  pig-iron,  except  (tastings,  shall  be  rated  as  iron  in 
bars,  and  pay  a  duty  accordingly:  and  none  of  the  above  iron  shall  pay 
a  less  rate  of  duty  than  thirty-five  i)er  centum  ad  valorem:  Provided 
further,  That  all  iron  bars,  blooms,  billets,  or  sizes  or  shapes  of  any 


264  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

kind,  in  the  manufacture  of  which  charcoal  is  used  as  fuel,  shall  be  sub- 
ject to  a  duty  of  twenty -two  dollars  per  ton. 

Iron  or  steel  tee  rails,  weighing  not  over  twenty-five  pounds  to  the 
yard,  nine-tenths  of  one  cent  per  pound  ;  iron  or  steel  flat  rails,  punched, 
eight-tenths  of  one  cent  per  pound. 

Kound  iron,  in  coils  or  rods,  less  than  seven-sixteenths  of  one  inch  in 
diameter,  and  bars  or  shapes  of  rolled  iron  not  specially  enumerated  or 
provided  for  in  this  act,  one  and  two-tenths  of  one  cent  per  pound. 

Boiler  or  other  plate  iron,  sheared  or  unsheared,  skelp-irou,  sheared 
or  rolled  in  grooves,  one  and  one-fourth  cents  per  pound;  sheet  iron, 
common  or  black,  thinner  than  one  inch  and  one  half  and  not  thinner 
than  number  twenty  wire  gauge,  one  and  one-tenth  of  one  cent  per 
pound  ;  thinner  than  number  twenty  wire  gauge  and  not  thinner  than 
number  twenty-five  wire  gauge,  one  and  two-tenths  of  one  cent  per 
pound ;  thinner  than  number  twenty -five  wire  gauge  and  not  thinner 
than  number  twenty-nine  wire  gauge,  one  and  five-tenths  of  one  cent  per 
pound  ;  thinner  than  number  twenty-nine  wire  gauge,  and  all  iron  coni- 
merciallv  known  as  common  or  black  taggers  iron,  whether  put  up  in 
boxes  or  bundles  or  not,  thirty  per  centum  ad  valorem  :  And  provided, 
That  on  all  such  iron  and  steel  sheets  or  plates  aforesaid  excepting  on 
what  are  known  commercially  as  tin-plates,  terne- plates,  and  taggers- 
tin  and  hereafter  provided  for,  when  galvanized  or  coated  with  zinc  or 
spelter  or  other  metals,  or  any  alloy  of  those  metals,  three-fourths  of 
one  cent  per  pound  additional 

Polished,  planished,  or  glanced  sheet-iron,  or  sheet-steel,  by  whatever 
name  designated,  two  and  one-half  cents  per  pound:  Provided,  That 
plate  or  sheet  or  taggers  iron,  by  whatever  name  designated,  other  than 
the  polished,  planished,  or  glanced  herein  provided  for,  which  has  been 
pickled  or  denned  by  acid,  or  by  any  other  material  or  process,  and 
which  is  cold  rolled,  shall  pay  one  quarter  cent  per  pound  more  duty 
than  the  corresponding  gauges  of  common  or  black  sheet  or  taggers 
iron. 

Iron  or  steel  sheets,  or  plates,  or  taggers  iron,  coated  with  tin  or  lead, 
or  with  a  mixture  of  which  these  metals  is  a  component  part,  by  the  dip- 
ping or  any  other  process,  an  I  coiuuiercially  known  as  tin  plates,  terne 
plates,  and  taggers  tin,  one  cent  per  pound  ;  corrugated  or  crimped  sheet 
iron  or  steel,  one  and  four-tenths  of  one  cent  per  pound. 

Hoop,  or  band,  or  scroll,  or  other  iron,  eight  inches  or  less  in  width,  and 
not  thinner  than  number  ten  wire  gauge,  one  cent  per  pound;  thinner 
than  number  teu  wire  gauge  and  not  thinner  than  number  twenty  wire 
gauge,  one  and  two-tenths  of  one  cent  per  pound;  thinner  than  number 
twenty  wire  gauge,  one  and  four  tenths  of  one  cent  per  pound:  Pro- 
vided, That  all  articles  not  specially  enumerated  or  provided  for  in  this 
act,  whether  wholly  or  partly  manufactured,  made  from  sheet,  plate, 
hoop,  band,  or  scroll  iron  herein  provided  for,  or  of  which  such  sheet, 
plate,  hoop,  band,  or  scroll  iron  sfiall  be  the  material  of  chief  value, 
shall  pay  one-fourth  of  one  cent  per  pound  more  duty  than  that  imposed 
on  the  iron  from  which  they  are  made,  or  which  shall  be  such  material 
of  chief  value. 

Iron  and  steel  cotton  ties,  or  hoops  for  baling  purposes,  not  thinner 
than  number  twenty  wire  gauge,  thirty-five  per  centum  ad  valorem. 

Cast-iron  pipe  of  every  description,  one  cent  per  pound. 

Oast-iron  vessels,  plates,  stove-plates,  andirons,  sadirons,  tailors' 
irons,  hattei's'  irons,  and  castings  of  irons,  not  specially  enumerated  or 
provided  for  in  this  act,  one  and  one-quarter  of  one  cent  per  pound. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  265 

Cnt  nails  and  spikes,  of  irou  or  steel,  one  and  one-quarter  of  one  cent 
per  pound. 

Cut  tacks,  brads,  or  sprigs,  not  exceeding  sixteen  ounces  to  the  thou- 
sand, two  and  one-half  cents  per  thousand  ;  exceeding  sixteen  ounces 
to  the  thousand,  three  cents  per  pound. 

Iron  or  steel  railway  fish-plates,  or  splice-bars,  one  and  one-fourth  of 
one  cent  per  pound. 

Malleable  irou  castings,  not  specially  enumerated  or  provided  for  in 
this  act,  two  cents  per  pound. 

Wrought  iron  or  steel  spikes,  nuts,  and  washers,  and  horse,  mule,  or 
ox  shoes,  two  cents  per  pound. 

Anvils,  anchors  or  parts  thereof,  mill-irons  and  mill-cranks,  of  wrought 
irons  and  wrought-iron  for  ships,  and  forgings  of  iron  and  steel,  for  ves- 
sels, steam-engines,  and  locomotives,  or  parts  thereof,  weighing  each 
twenty-five  pounds  or  more,  two  cents  per  pound. 

Iron  or  steel  rivets,  bolts,  with  or  without  threads  or  nuts,  or  bolt- 
blanks,  and  finished  hinges  or  hinge-blanks,  two  and  one-half  of  one 
cent  per  pound. 

Iron  or  steel  blacksmiths'  hammers  and  sledges,  track-tools,  wedges, 
and  crowbars,  two  and  one-half  of  one  cent  per  i^ouud. 

Irou  or  steel  axles,  parts  thereof,  axle-bars,  axle-blanks,  or  forgings 
for  axles,  without  reference  to  the  stage  or  state  of  manufacture,  two  and 
one-half  of  one  cent  per  pound. 

Forgings  of  iron  aud  steel,  or  forged  iron,  of  whatever  shape,  or  in 
whatever  stage  of  manufacture,  not  specially  enumerated  or  provided 
for  in  this  act,  two  and  one-half  cents  per  pound. 

Horseshoe-nails,  hob-nails,  and  wire-nails,  and  all  other  wronght-irou 
or  steel  nails,  not  specially  enumerate<l  or  provided  for  in  this  act,  four 
cents  per  pound. 

Boiler  tubes,  or  flues,  or  stays,  of  wrought-iron  or  steel,  three  cents 
per  pound. 

Other  wrought  iron  or  steel  tubes  or  pipes,  two  and  one-quarter  cents 
per  pound. 

Chain  or  chains  of  all  kinds,  nuule  of  iron  or  steel,  not  less  than  three- 
fourths  of  one  inch  in  diameter,  one  and  three-quarter  cents  per  pound; 
less  tlian  three  fourths  of  one  inch  and  not  less  than  three  eighths  of 
one  inch  in  diameter,  two  cents  per  pound;  less  than  three-eighths  of 
one  inch  in  diameter,  two  and  one-half  cents  per  pound. 

Cross-cut  saws,  eight  cents  per  linear  foot. 

Mill,  pit,  and  drag  saws,  not  over  nine  inches  witle,  ten  cents  per  linear 
foot ;  over  nine  inches  wide,  fifteen  cents  per  linear  foot. 

Circular  saws,  thirty  per  centum  ad  valorem. 

Hand,  back,  and  all  other  saws,  not  specially  enumerated  or  provided 
for  in  this  act^,  forty  per  centum  ad  valorem. 

Files,  tile  blanks,  rasps,  and  floats  of  all  cuts  aud  kinds,  four  inches 
in  length  and  under,  thirty-five  cents  per  dozen  ;  over  four  inches  in 
length  and  under  niiui  inches,  seventy-five  cents  per  dozen  ;  nine  inches 
in  length  and  under  fourteen  inches,  one  dollar  aud  fifty  cents  per  dozen  ; 
fourteen  inches  in  length  and  over,  two  dollars  and  fifty  cents  per 
dozen. 

Steel  ingots,  cogged  ingots,  blooms,  and  slabs,  by  whatever  process 
made;  die  blocks  or  blanks;  billets  and  bars  and  tai)ered  or  beveled 
bars  ;  bands,  hoops,  strips,  and  sheets  of  all  gauges  and  widths  ;  plates 
of  all  thicknesses  and  widtlis  ;  steamer,  crank,  and  other  shafts  ;  wrist 
or  crank  pins;  connecting-rods  and  piston-rods;  pressed,  sheared,  or 
stamped  shapes,  or  blanks  of  sheet  or  plate  steel,  or  combination  of 


266       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

steel  and  iron,  punched  or  not  punched;  hammer-niolds  or  swaged 
steel ;  gnn-molds,  not  in  bars  ;  alloys  used  as  substitutes  for  steel  tools ; 
all  descriptions  and  shapes  of  dry  sand,  loam,  or  iron-molded  steel  cast- 
ings, all  of  the  above  classes  of  steel  not  otlierwise  specially  provided 
for  in  this  act,  valued  at  four  cents  a  pound  or  less,  forty-five  per  centum 
ad  valorem ;  above  four  cents  a  pound  and  not  above  seven  cents  per 
pound,  two  cents  per  pound  ;  valued  above  seven  cents  aud  not  abjve 
ten  cents  per  pound,  two  and  three-fourths  cents  per  pound ;  valued  at 
above  ten  cents  ])er  i)ound,  three  and  one  fourth  cents  per  pound :  Pro- 
vided^ That  on  all  iron  or  steel  bars,  rods,  strips,  or  steel  sheets,  of 
whatever  shape,  and  on  all  iron  or  steel  bars  of  irregular  shape  or  sec- 
tion, cold-rolled,  cold-hammered,  or  i)olished  in  any  way  in  addition  to 
the  ordinary  process  of  hot- rolling  or  hammering,  there  shall  be  ])aid 
one-fourth  cent  ])er  pound,  in  addition  to  the  rates  provided  in  this  act ; 
and  on  steel  circular  saw  plates  there  shall  be  ])aid  one  cent  per  pound 
in  addition  to  the  rate  provided  in  this  act. 

Iron  or  steel  beams,  girders,  joists,  angles,  channels,  car-truck  chan- 
nels, TT?  columns  and  posts,  or  parts  or  sections  of  columns  and  posts, 
deck  and  bulb  beams,  aud  building  forms,  together  with  all  other  struct- 
ural shapes  of  iron  or  steel,  one  and  one  fourth  of  one  cent  per  iwund. 

Steel  wheels  and  steel  tired  wheels  for  railway  ]Hirposes,  whether 
wholly  or  partly  tiuished,  and  iron  or  steel  locomotive,  car,  and  other 
railway  tires,  or  parts  thereof,  wholly  or  partly  manufactured,  two  and 
one-half  of  one  cent  per  pound ;  iron  or  steel  ingots,  cogged  ingots, 
blooms  or  blanks  for  the  same,  without  regard  to  the  degree  of  manu- 
facture, two  cents  per  pound. 

Iron  or  steel  rivet,  screw,  nail,  and  fence,  wire  rods,  round,  in  coils 
and  loops,  not  lighter  than  number  tive  wire  gauge,  valued  at  three  and 
one-half  cents  or  less  i)er  pound,  six-tenths  of  one  cent  per  pound.  Iron 
or  steel,  flat  with  longitudinal  ribs  for  the  manufacture  of  fencing,  six- 
tenths  of  a  cent  per  pound. 

Screws,  commonly  called  wood  screws,  two  inches  or  over  In  length, 
six  cents  per  pound  ;  one  inch  and  less  than  two  inches  in  length,  eight 
cents  per  pound  ;  over  one-half  inch  and  less  than  one  inch  in  length, 
ten  cents  per  pound;  one-half  inch  and  less  in  length,  twelve  ceuts  per 
pound. 

Iron  or  steel  wire,  smaller  than  number  five  and  not  smaller  than 
number  ten  wire  gauge,  one  and  one-half  cents  per  pound ;  smaller 
than  number  teu  and  not  smaller  than  number  sixteen  wire  gauge,  two 
cents  per  jiound ;  smaller  than  number  sixteen  aud  not  smaller  than 
number  twenty  six  wire  gauge,  two  and  oue  half  ceuts  per  pound ; 
smaller  than  number  twenty-six  wire  gauge,  three  cents  per  pound: 
Provided.,  That  iron  or  steel  wire  covered  with  cotton,  silk,  or  other 
material,  and  wire  commonly  known  as  crinoline,  corset,  and  hat  wire, 
shall  pay  four  cents  per  pound  in  addition  to  the  foregoing  rates :  And 
provided  further.  That  no  article  made  from  iron  or  steel  wire,  or  of 
which  iron  or  steel  wire  is  a  component  part  of  chief  value,  shall  pay  a 
less  rate  of  duty  than  the  iron  or  steel  wire  from  which  it  is  made  either 
wholly  or  in  part:  And  provided  further..  That,  iron  or  steel  wire-cloths, 
and  iron  or  steel  wire-nettings,  made  in  meshes  of  any  form,  shall  ])ay  a 
duty  equal  in  amount  to  that  imposed  on  iron  or  steel  wire  of  the  same 
gauge,  and  two  cents  per  pound  in  addition  thereto.  Tliere  shall  be 
paid  on  galvanized  iron  or  steel  wire  (except  fence  wire),  one  half  of 
one  cent  per  jiound  in  addition  to  the  rate  imposed  on  the  wire  of  which 
it  is  made.  On  iron  wire  rope  and  wire  strand,  one  cent  per  pound  in 
addition  to  the  rates  imposed  on  the  wire  of  which  it  is  made.     On  steel 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  267 

wire  rope  and  wire  straiul,  two  cents  i>er  i)onn(l  in  addition  to  the  rates 
imposed  on  the  wire  of  whicli  it  is  made. 

Steel,  not  specially  ennmerated  or  provided  for  in  this  act,  forty-five 
per  centum  ad  valorem  :  Provided,  That  all  metal  i>roduced  from  iron 
or  its  ores,  which  is  cast  and  malleable,  of  whatever  description  or  form, 
without  regard  to  the  i)ercenta8e  of  carbon  contained  therein,  whether 
produced  by  cementation,  or  converted,  cast,  or  made  from  iron  or  its 
ores,  by  the  crucible,  Bessemer,  pneumatic,  Tliomas Oilchrist,  basic, 
Siemeiis-Martin,  or  open-hearth  ])rocess,  or  by  the  equivalent  of  either, 
or  by  the  combination  of  two  or  more  of  the  j^rocesses,  or  their  equiva- 
lents, or  by  any  fnsion  or  other  process  which  ])rodnces  from  iron  or  its 
ores  a  metal  either  granular  or  fibrous  in  structure,  which  is  cast  and 
malleable,  excepting-  what  is  known  as  malleable  iron  castings,  shall 
be  classed  and  denominated  as  steel. 

No  allowance  or  reduction  of  duties  for  partial  loss  or  damage  in  con- 
sequence of  rust  or  of  discoloration  shall  be  made  upon  any  description 
of  iron  or  steel,  or  upon  any  i)artly  manufactured  article  of  iron  or  steel, 
or  upon  any  manufacture  of  iron  and  steel. 

Argentine,  albata,  or  German  silver,  unmanufactured,  twenty-five 
per  centum  ad  valorem. 

Copper,  imported  in  the  form  of  ores,  two  and  one-half  cents  on  each 
pound  of  fine  copper  contained  therein  ;  regains  of  and  black  or  coarse 
copper,  and  copper  cement,  three  and  one-half  cents  on  each  pound  of 
fine  copper  contained  therein ;  old  copper,  tit  only  for  remanufacture, 
clippings  from  Jiew  copper,  and  all  composition  metal  of  which  copper 
is  a  component  material  of  chief  value  not  specially  enumerated  or  pro- 
vided for  in  this  act,  three  cents  per  pound  ;  copper  in  plates,  bars,  in- 
gots, Chili  or  other  pigs,  andin  other  forms,  not  manufactured,  or  enum- 
erated in  this  act,  four  centsperpound  ;  in  rolled  plates,  called  brazier's 
copper,  sheets,  rods,  pipes,  and  copper  bottoms,  and  all  manufactures  of 
copper,  or  of  which  copper  shall  be  a  component  of  chief  value,  not 
specially  enumerated  or  provided  for  in  this  act,  thirty-five  per  ceutum 
ad  valorem. 

Brass,  in  bars  or  i)ig,  old  brass,  and  clippings  from  brass  or  Dutch 
metal,  one  and  one-half  cent  per  pound. 

Lead  ore,  and  lead  dross,  one  and  one-half  cent  i)er  pound. 

Lead,  in  pigs  and  bars,  molten  and  old  refuse  lead  run  into  blocks 
and  bars,  and  old  scrap  lead,  fit  only  to  be  remanufactured,  two  cents 
per  pound. 

Lead,  in  sheets,  pipes,  or  shot,  three  cents  per  pound. 

iS'ickel,  in  ore,  matte,  or  other  crude  form  not  ready  for  consumption 
in  the  arts,  fifteen  cents  i>er  pound  on  the  nickel  contained  therein. 

Nickel,  nickel  oxide,  alloy  of  any  kind  in  which  nickel  is  the  element 
of  chief  value,  fifteen  cents  i)er  pound. 

Zinc,  spelter,  or  tutenegue,  in  l)iocks  or  i)igs,  and  old  worn-out  zinc, 
fit  only  to  be  remanufactured,  one  and  one-half  cent  i)er  pound;  zinc, 
spelter,  or  tutt'uegne  in  sheets,  two  and  one  half  cents  per  pound. 

Sheathing,  or  yellow  metal,  not  wholly  of  copper,  nor  wholly  nor  in 
part  of  iron,  ungalvanized,  in  sheets,  forty-eight  inches  long  and  four- 
teen inches  wide,  and  weighing  from  fourteen  to  thirty-four  ounces  per 
square  foot,  thirty  five  ])er  centum  ad  valorem. 

Antimony,  as  regnlus  or  metal,  ten  i)er  centum  ad  valorem. 

Bronze  powder,  fifteen  per  centum  ad  valorem. 

Cutlery,  not  specially  enumerated  or  provided  for  in  this  act,  thirty- 
five  per  centum  ad  valorem. 

Dutch  or  bronze  metal,  in  leaf,  ten  per  centum  ad  valorem. 


268  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Steel  plates,  engraved,  stereotype  plates,  aud  new  types,  twenty- five 
per  centum  ad  valorem. 

Gold-leaf,  one  dollar  and  fifty  cents  per  package  of  five  hundred 
leav(  s. 

Hollow-ware,  coated,  glazed,  or  tinned,  three  cents  per  pound. 

Muskets,  rifles,  and  other  tire-arms,  not  specially  enumerated  or  pro- 
vided for  in  this  act,  twenty-five  per  centum  ad  valorem. 

All  sporting  breech  loading  shot-guns,  and  pistols  of  all  kinds,  thirty- 
five  per  centum  ad  valorem. 

Forged  shot-gun  barrels,  rough  bored,  ten  per  centum  ad  valorem. 

Keedles  for  knitting  or  sewing  machines,  thirty-five  per  centum  ad 
valorem. 

Needles,  sewing,  darning,  knitting,  and  all  others  not  specially  enu- 
merated or  provided  for  in  this  act,  twenty- Ave  per  centum  ad  valorem. 

Pen  knives,  pocket-knives,  of  all  kinds,  and  razors,  fifty  per  centum 
ad  valorem ;  swords,  sword-blades,  aud  side-arms,  thirty-five  per  centum 
ad  valorem. 

Pens,  metallic,  twelve  cents  per  gross ;  pen-holder-tips  and  pen-holders, 
or  parts  thereof,  thirty  per  centum  ad  valorem. 

Pins,  solid  head  or  other,  thirty  per  centum  ad  valorem. 

Britannia  ware,  and  plated  and  gilt  articles  and  wares  of  all  kinds, 
thirty-five  per  centum  ad  valorem. 

Quicksilver,  ten  per  centum  ad  valorem. 

Silver  leaf,  seventy-five  cents  per  package  of  five  hundred  leaves. 

Type-metal,  twenty  per  centum  ad  valorem. 

Chromate  of  iron,  or  chromic  ore,  fifteen  per  centum  ad  valorem. 

Mineral  substances  in  a  crude  state  and  metals  uuwrought,  not  spe- 
cially enumerated  or  provided  for  in  this  act,  twenty  per  centum  ad 
valorem 

Manufactures,  articles,  or  wares,  not  specially  enumerated  or  provided 
for  in  this  act,  composed  wholly  or  in  part  of  iron,  steel,  copper,  lead, 
nickel,  pewter,  tin,  zinc,  gold,  silver,  platinum,  or  any  other  metal,  and 
whether  partly  or  wholly  manufactured,  forty-five  per  centum  ad  valorem. 

Schedule  D. — Wood  and  Wooden  Wares 

Timber,  hewn  and  sawed,  and  timber  used  for  spars  and  in  building 
wharves,  twenty  per  centum  ad  valorem. 

Timber,  squared  or  sided,  not  specially  enumerated  or  provided  for 
in  this  act,  one  cent  per  cubic  foot. 

Sawed  boards,  plank,  deals,  and  other  lumber  of  hemlock,  white-wood, 
sycamore,  and  bass-wood,  one  dollar  per  one  thousand  feet,  board  meas- 
ure; all  other  articles  of  sawed  lumber,  two  dollars  per  one  thousand 
feet,  board  measure.  But  when  lumber  of  any  sort  is  planed  or  finished, 
in  addition  to  the  rates  herein  provided,  there  shall  be  levied  and  paid 
for  each  side  so  planed  or  finished,  fifty  cents  per  one  thousand  feet, 
board  measure. 

And  if  planed  on  one  side  and  tongued  and  grooved,  one  dollar  per 
one  thousand  feet,  board  measure. 

And  if  planed  on  two  sides,  and  tongued  and  grooved,  one  dollar  and 
fifty  cents  per  one  thousand  feet,  board  measure. 

Hubs  for  wheels,  posts,  last-blocks,  wagon-blocks,  ore-blocks,  gun- 
blocks,  heading-blocks,  aud  all  like  blocks  or  sticks,  rough-hewn  or 
sawed  only,  twenty  per  centum  ad  valorem. 

Staves  of  wood  of  all  kinds,  ten  per  centum  ad  valorem. 

Pickets  aud  palings,  twenty  per  centum  ad  valorem. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  269 

Laths,  fifteen  cents  per  one  thousand  pieces. 

Shingles,  thirty-five  cents  per  one  thousand. 

Pine  chipboards,  two  dollars  per  one  thousand. 

Spruce  clapboards,  one  dollar  and  fifty  cents  per  one  thousand. 

House  or  cabinet  furniture,  in  piece  or  rough,  and  not  finished,  thirty 
per  centum  ad  valorem. 

Cabinet  ware  and  house  furniture,  finished,  thirty  five  per  centum  ad 
valorem. 

Casks  and  barrels,  empty,  sugar-box  shooks,  an:l  packing-boxes,  and 
packing  box  shooks,  of  wood,  not  specially  enumerated  or  provided  for 
in  this  act,  thirty  per  centum  ad  valorem. 

Manufactures  of  cedar  wood,  granadilla,  ebony,  mahogany,  rose  wood, 
and  satin  wood,  thirty-five  per  centum  ad  valorem. 

Manufactures  of  wood,  or  of  which  wood  is  the  chief  component  part, 
not  specially  enumerated  or  provided  for  in  this  act,  thirty-five  per  cen- 
tum ad  valorem. 

Wood,  unmanufactured,  not  specially  enumerated  or  provided  for  in 
this  act,  twenty  per  centum  ad  valorem. 

Schedule  E. — Sugar. 

All  sugars  not  above  No.  13  Dutch  standard  in  color  shall  pay  daty 
on  their  polariscopic  test  as  follows,  viz: 

All  sugars  not  above  ifo.  13  Dutch  standard  in  .color,  all  tank  bot- 
toms, sirups  of  canejuiceorof  beet  juice,  melada,  concentrated  melada, 
concrete  and  concentrated  molasses,  testing  by  the  polariscope  not 
above  seventy  five  degrees,  shall  pay  a  duty  of  one  and  forty -hundredths 
cent  per  pound,  and  for  every  additional  degree  or  fraction  of  a  degree 
shown  by  the  polariscopic  test,  they  shall  pay  four-hundredths  of  a  cent 
per  pound  additional.* 

All  sugars  above  No.  13  Dutch  standard  in  color  shall  be  classified 
by  the  Dutch  standard  of  color,  and  pay  duty  as  follows,  namely: 
u  fAll  sugar  above  No.  13  and  not  above  No.  16  Dutch  standard,  two 
and  seventy  five  hundredths  cents  per  pound. 

All  sugar  above  No.  1(3  and  not  above  No.  20  Dutch  standard,  three 
cents  per  pound. 

All  sugars  above  No.  20  Dutch  standard,  three  and  fifty-huudredths 
cents  per  })Ound. 

Molasses  testing  not  above  fifty-six  degrees  by  the  polariscope,  shall 
pay  a  duty  of  four  cents  per  gallon  ;  molasses  testing  above  fifty-six  de- 
grees, shall  pay  a  duty  of  eight  cents  per  gallon 

Sugar  candy,  not  colored,  five  cents  per  pound. 

All  other  confectionery,  not  specially  enumerated  or  provided  for  in 
this  act,  made  wholly  or  in  part  of  sugar,  and  on  sugars  after  being  re- 
fined, when  tinctured,  colored,  or  in  any  way  adulterated,  valued  at 
thirty  cents  per  i)oun(l  or  less,  ten  cents  per  pound. 

Confectionery  valued  above  thirty  cents  per  pound,  or  when  sold  by 
the  box,  i)acka'ge,  or  otherwise  than  by  the  pound,  fifty  per  centum  ad 
valorem. 

Schedule  F. — Tobacco. 

Cigars,  cigarettes,  and  cheroots  of  all  kinds,  two  dollars  and  fifty 
cents  per  pound  and  twenty-five  per  centum  ad  valorem;  but  paper 

*As  to  melada  or  concrete,  see  act  March  3,  ld75,  section  3. 


270  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

cigars  and  cigarettes,  iucluding  wrappers,  shall  be  subject  to  the  same 
duties  as  are  hereiu  imposed  u\)ou  cigars. 

Leaf  tobacco,  of  which  eighty-five  i)er  cent,  is  of  the  requisite  size 
and  of  the  necessary  fineness  of  texture  to  be  suitable  for  wrappers,  and 
of  which  more  than  one  hundred  leaves  are  required  to  weigh  a  pound, 
if  not  stemmed,  seventy-five  cents  per  pound;  if  stemmed,  one  dollar 
per  pound. 

All  other  tobacco  in  leaf,  unmanufactured,  and  not  stemmed,  thirty 
five  cents  per  pound. 

Tobacco-stems,  fifteen  cents  per  pound. 

Tobacco,  manufactured,  of  all  descriptions,  and  stemmed  tobacco,  not 
specially  enumerated  or  provided  for  in  this  act,  forty  cents  per  pound. 

Snuff" and  snuff-flour,  manufactured  of  tobacco,  ground,  dry,  or  damp, 
and  pickled,  scented  or  otherwise,  of  all  descriptions,  fifty  cents  per 

pound.  .  T    1  ^     • 

Tobacco,  unmanufactured,  not  specially  enumerated  or  provided  tor  in 
this  act,  thirty  per  centum  ad  valorem. 

Schedule  G.— Provisions. 

Animals,  live,  twenty  per  centum  ad  valorem. 

Beef  and  pork,  one  cent  per  pound. 

Hams  and  bacon,  two  cents  per  pound. 

Meat,  extract  of,  tiventy  per  centum  ad  valorem. 

Cheese,  four  cents  per  pound. 

Butter,  and  substitutes  therefor,  four  cents  per  pound. 

Lard,  two  cents  i)er  pound. 

Wheat,  twenty  ceuts  per  bushel. 

Eye  and  barley,  ten  cents  per  bushel. 

Barley,  pearled,  patent,  or  hulled,  one  half  cent  per  pound. 

Barley  malt,  per  bushel  of  thirty-four  pounds,  twenty  cents. 

Indian  corn  or  maize,  teu  cents  per  bushel. 

Oats,  ten  cents  per  bushel. 

Corn-meal,  ten  cents  per  bushel  of  forty-eight  pounds. 

Oat-meal,  one-half  cent  per  pound. 

Eye  flour,  one-half  cent  per  pound. 

Wheat-flour,  twenty  per  centum  ad  valorem. 

Potato  or  corn  starch,  two  ceuts  per  pound;  rice  search,  two  and  a 
half  cents  per  pound;  other  starch,  two  and  a  half  cents  per  pound. 

Eice,  cleaned,  two  and  one-fourth  cents  per  pound ;  uncleaned,  one 
and  one-half  cents  per  ])ound. 

Paddy,  one  and  one-fourth  cents  per  pound. 

Eice-flour  and  rice-meal,  twenty  per  centum  ad  valorem. 

Hay,  two  dollars  per  ton. 

Honey,  twenty  cents  per  gallon. 

Hops,  eight  cents  per  pound. 

Milk,  preseived  or  condensed,  twenty  per  centum  ad  valorem. 
Fish: 

Mackerel,  one  cent  per  pound. 

Herrings,  pickled  or  salted,  one-half  of  one  cent  per  pound. 

Salmon,  pickled,  one  cent  per  pound;  other  fish,  pickled,  in  barrels, 
one  cent  per  pound. 

Foreign-caught  fish,  imported  otherwise  than  in  barrels  or  half  bar- 
rels, whether  fresh,  smoked,  dried,  salted,  or  pickled,  not  specially 
enumerated  or  i)rovided  for  in  this  act,  fifty  cents  per  hundred  pounds. 

Anchovies  and  sardines,  packed  in  oil  or  otherwise,  in  tin  boxes 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  271 

measunn.j?  not  more  than  five  inches  long,  four  inches  wide,  and  three 
and  oue-lialf  inches  deep,  ten  cents  per  whole  box  ;  in  half  boxes,  meas- 
uring not  more  than  five  inches  long,  four  inches  wide,  and  one  and 
five-eighths  deep,  five  cents  each  ;  in  quarter  boxes  measuring  not  more 
than  four  inches  and  three-quarters  long,  three  and  one-half  inches 
wide,  and  one  and  a  quarter  deep,  two  and  one-half  cents  each;  when 
imported  in  any  other  form,  forty  per  centum  ad  valorem. 

Fish  preserved  in  oil,  except  anchovies  and  sardines,  thirty  per 
centum  ad  valorem. 

Salmon,  and  all  other  fish,  prepared  or  preserved,  and  prepared  meats 
of  all  kinds,  not  specially  enumerated  or  provided  for  in  this  act, 
twenty-five  per  centum  ad  valorem. 

Pickles  and  sauces,  of  all  kinds,  not  otherwise  specially  enumerated 
or  provided  for  in  this  act,  thirty-five  per  centum  ad  valorem. 

Potatoes,  fifteen  cents  per  bushel  of  sixty  pounds. 

Vegetables,  in  their  natural  state,  or  in  salt  or  brine,  not  specially 
enumerated  or  provided  for  in  this  act,  ten  per  centum  ad  valorem. 

Vegetables,  prepared  or  preserved,  of  all  kinds,  not  otherwise  pro- 
vided for,  thirty  per  centum  ad  valorem. 

Chicory  root,'  ground  or  unground,  burnt  or  prepared,  two  cents  per 
pound. 

Vinegar,  seven  and  one-half  cents  per  gallon.  The  standard  for  vine- 
gar shall  be  taken  to  be  that  strength  which  requires  thirty-five  grains 
of  bi-carbonate  of  potash  to  neutralize  one  ounce  Troy  of  vinegar;  and 
all  import  duties  that  may  by  law  be  imposed  on  vinegar  imported  from 
foreign  countries  shall  be' collected  according  to  this  standard. 

Acorns,  and  dandelion  root,  raw  or  prepared,  and  all  other  articles 
used  or  intended  to  be  used  as  coffee,  or  as  substitutes  therefor,  not 
specially  enumerated  or  provided  for  in  this  act,  two  cents  per  pound. 

Chocolate,  two  cents  per  pound. 

Cocoa,  prepared  or  manufactured,  two  cents  per  pound. 
Fruits: 

Currants,  Zaute  or  other,  one  cent  per  pound. 

Dates,  idums,  and  prunes,  one  cent  per  pound. 

Figs,  two  cents  per  pound. 

Oranges,  in  boxes  of  capacity  not  exceeding  two  and  one-half  cubic 
feet,  twenty-five  cents  per  box;  in  one  half  boxes,  capacity  not  exceed- 
ing one  and  one-fourth  cubic  feet,  thirteen  cents  per  half  box;  in  bulk, 
one  dollar  and  sixty  cents  per  thousand ;  in  barrels,  capacity  not  exceed- 
ing that  of  the  one  hundred  and  ninety-six  pounds  flour-barrel,  fifty-five 
cents  per  barrel. 

Lemons,  in  boxes  of  capacity  not  exceeding  two  and  one-half  cubic 
feet,  thirty  cents  per  box ;  in  one-half  boxes,  capacity  not  exceeding  one 
and  one-fourth  cubic  feet,  sixteen  cents  per  half  box;  in  bulk,  two  dollars 
per  thousand. 

Lemons  and  oranges,  in  packages,  not  specially  enumerated  or  pro- 
vided for  in  this  act,  twenty  per  centum  ad  valorem. 

Limes  and  grapes,  twenty  per  centum  ad  valorem. 

Raisins,  two  cents  per  pound. 

Fruits,  preserved  in  their  own  juices,  and  fruit-juice,  twenty  per  cen- 
tum ad  valorem. 

Comfits,  sweotmeats,  or  fruits  preseved  in  sugar,  spirits,  sirup,  or 
molasses,  not  otherwise  specified  or  provided  for  in  this  act,  and  jellies 
of  all  kinds,  thirty-five  per  centum  ad  valorem. 
Nuts: 


272  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Nuts: 

Almouds,  fiv^e  eents  per  poiiud  ;  shelled,  seven  and  one  half  cents  per 
pounds;  filberts,  and  walnuts,  of  all  kinds,  three  cents  per  pound. 

Peanuts  or  ground  beans,  one  cent  per  pound;  shelled,  one  and  one- 
half  cent  per  pound. 

Nuts,  of  all  kinds,  shelled  or  unshelled,  not  specially  enumerated  or 
provided  for  in  this  act,  two  cents  per  pouod. 

Mustard,  ground  or  preserved,  in  bottles  or  otherwise,  ten  cents  per 
pound. 

Schedule  H. — Liquors. 

Champagne,  and  all  other  sparkling  wines,  in  bottles  containing  each 
not  more  than  one  quart  and  more  than  one  pint,  seven  dollars  per 
dozen  bottles  ;  containing  not  more  than  one  pint  each  and  more  than 
one  half  pint,  three  dollars  and  fifty  cents  per  dozen  bottles ;  containing 
one-half  i)int  each,  or  less,  one  dollar  and  seventy-five  cents  per  dozen 
bottles;  in  bottles  containing  more  than  one  quart  each,  in  addition  to 
seven  dollars  per  dozen  bottles,  at  the  rate  of  two  dollars  and  twenty- 
five  cents  ]>er  gallon  on  the  quantity  in  excess  of  one  quart  bottle. 

Still  wines,  in  casks,  fifty  cents  per  gallon;  in  bottles,  one  dollar  and 
sixty  cents  per  case  of  one  dozen  bottles  contaiuing  ach  not  more  than 
one  quart  and  more  than  one  pint,  or  twenty -four  bottles  containing  each 
not  more  than  one  i)int;  and  any  excess  beyond  these  quantities  found 
in  such  bottles  shall  be  subject  to  a  duty  of  five  cents  per  pint  or  frac- 
tional part  thereof;  but  no  separate  or  additional  duty  shall  be  collected 
on  the  bottles:  Provided,  That  any  wines  imported  containing  more 
than  twenty-four  per  centum  of  alcohol  shall  be  forfeited  to  the  United 
States:  Provided  further,  That  there  shall  be  no  allowance  for  breakage, 
leakage,  or  damage  on  wines,  liquors,  cordials,  or  distilled  spirits. 

Vermuth,  the  same  duty  as  on  still  wines. 

"Wines,  brandy,  and  other  spirituous  liquors  imported  in  bottles,  shall 
be  packed  in  packages  containing  not  less  than  one  dozen  bottles  in 
each  package;  and  all  such  bottles,  except  as  specially  enumerated  or 
provided  for  in  this  act,  shall  pay  an  additional  duty  of  three  cents  for 
each  bottle. 

Brandy,  and  other  sjnrits  manufactured  or  distdled  from  grain  or 
other  materials  and  not  specially  enumerated  or  provided  for  in  this 
act,  two  dollars  per  proof  gallon  ;  each  and  every  gauge  or  wine  gallon 
of  measurement  shall  be  counted  as  at  least  one  proof  gallon  ;  and  the 
standard  for  determining  the  proof  of  brandy  and  other  spirits  or 
liquors  of  any  kind  imported  shall  be  the  same  as  tha  t  which  is  defined 
in  the  laws  relating  to  internal  revenue;  but  any  brandy  or  other 
spirituous  liquors  imported  in  casks  of  less  capacity  than  fourteen  gal- 
lons shall  be  forfeited  to  the  United  States. 

On  all  compounds  or  i)reparations  of  which  distilled  spirits  aj-e  a 
component  part  of  chief  value,  not  specially  enumerated  or  provided 
for  in  this  act,  there  shall  be  levied  a  duty  not  less  than  that  imposed 
upon  distilled  spirits. 

Cordials,  liquors,  arrack,  absinthe,  kirschwasser,  ratafia,  and  other 
similar  spirituous  beverages  or  bitters,  containing  spirits,  and  not  spec- 
ially enumerated  or  provided  for  in  this  act,  two  dollars  per  proof 
gallon. 

No  lower  rate  or  amount  of  duty  shall  be  levied,  collected,  and  paid 
on  brandy,  spirits,  and  other  spirituous  beverages  than  that  fixed  by 
law  for  the  description  of  first  proof;  but  it  shall  be  increased  in  pro- 
portion for  any  greater  strength  than  the  strength  of  first  proof;  and 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       273 

all  imitations  of  brandy  or  spirits  or  wines  imported  by  any  names 
whatever  shall  be  subject  to  the  liiohest  rate  of  duty  provided  for  the 
genuine  articles  resi)ectively  intended  to  be  represented,  and  in  no  case 
less  than  one  dolhii-  per  gallon. 

Bay-rum,  or  bay-water,  whether  distilled  or  comi)ounded,  one  dollar 
per  gallon  of  first  proof,  and  in  proportion  for  any  greater  strength 
•than  first  i)roof. 

Ale,  porter,  and  beer,  in  bottles  or  jugs  of  glass,  stone,  or  eartlien 
ware,  thirty  five  (;euts  per  gallon;  otherwise  than  in  bottles  or  jugs  of 
glass,  stone,  ov  earthen  ware,  twenty  cents  jier  gallon. 

(jringer-ale  or  ginger-beer,  twenty  per  centum  a<l  valorem,  but  no 
sei)arate  or  additional  duty  shall  be  collected  on  bottles  or  jugs  contain- 
ing the  same. 

Schedule  I. — Cotton  and  Cotton  Goods. 

Cotton  thread,  yarn,  warps,  or  warp-yarn,  whether  single  or  ad- 
vanced beyond  the  condition  of  single,  by  twisting  two  or  more  single 
yarns  together,  whether  on  beams  or  in  bundles,  slieins,  or  cops,  or  in 
any  other  form,  valued  at  not  exceeding  twenty  five  cents  per  pound, 
ten  cents  per  pound;  valued  at  over  twenty-five  cents  i)er  pound,  and  not 
exceeding  forty  cents  per  pound,  fifteen  cents  per  pound;  valued  at 
over  forty  cents  per  pound,  and  not  exceeding  fifty  cents  per  pound, 
twenty  cents  per  pouiul ;  valued  at  over  fifty  cents  per  pound,  and  not 
exceeding  sixty  cents  per  pound,  twenty-five  cents  per  pound  ;  valued 
at  over  sixty  cents  per  pound,  and  not  exceeding  seventy  cents  per 
pound,  thirty-three  cents  per  pound;  valued  at  over  seventy  ceiits  per 
pound,  and  not  exceeding  eighty  cents  per  pound,  thirty-eight  cents  i)er 
pound  ;  valued  at  over  eighty  cents  per  pouiul,  and  not  exceeding  one 
dollar  per  pound,  forty-eight  cents  per  pound  ;  valued  at  over  one  dol- 
lar per  pound,  fifty  i)er  centum  ad  valorem. 

On  all  cotton  cloth  not  bleached,  dyed,  colored,  stained,  painted,  or 
printed,  and  not  exceeding  one  hundred  threads  to  the  square  inch, 
counting  the  warp  and  filling,  two  and  one-half  cents  per  square  yard ;  if 
bleached,  three  and  one  half  cents  per  sqn-.ue  yard ;  if  dyed,  colored, 
stained,  painted,  or  printed,  four  and  one-half  cents  per  square  yard. 

On  all  cotton  cloth,  not  bleached,  dyed,  colored,  stained,  painted,  or 
printed,  exceeding  one  hundred  and  not  exceeding  two  hundred  threads 
to  the  square  inch,  counting  the  warp  and  filling,  three  cents  per  square 
yard ;  if  bleached,  four  cents  per  square  yard  ;  if  dyed,  colored,  stained, 
painted,  or  i>rinted,  five  cents  per  square  yard  :  Provided,  That  on  all 
cotton  cloth  not  exceeding  two  hundred  threads  to  the  square  inch^ 
counting  the  warp  and  filling,  not  bleached,  dyed,  colored,  stained, 
painted,  or  printed,  valued  at  over  eight  cents  per  square  yard; 
bleached,  valued  at  over  ten  cents  per  scjuare  yard  ;  dyed,  colored,, 
stained,  i)ainted,  or  printed,  valued  at  ovi-r  thirteen  cents  per  square 
yard,  there  shall  be  levied,  collected,  and  paid  a  duty  of  forty  per 
centum  ad  valorem. 

On  all  cotton  cloth  exceeding  two  hundred  threads  to  the  s(iuare 
inch,  counting  the  warp  and  filling, not  bleached, dyed, colored, stained, 
painted,  or  piinted,  four  cents  per  sqnare  yard  ;  if  bleached,  five  cents 
per  square  yard  ;  if  dyed,  colored,  stained,  painted, or  printed,  six  cents 
per  square  yard  :  Provided,  That  on  all  such  cotton  cloths  not  bleached, 
dyed,  colored,  stained,  painted,  or  printed,  valued  at  over  ten  cents  per 
square  yard;  bleached,  valued  at  over  twelve  cents  per  square  yard; 
and  dyed,  colore  I,  stained,  painted,  or  printed,  valued  at  over  fifteen 
H.  Mis.  391 18 


274       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

cents  per  ^qnare  yard,  there  shall  be  levied,  collected,  and  paid  a  duty 
of  lorty  per  centum  ad  valorem. 

On  stockings,  hose,  half-hose, shirts,  and  drawers,  and  all  goods  made 
on  knitting  machines  or  frames,  composed  wholly  of  cotton,  and  not 
herein  otherwise  i)rovided  for,  thirty-five  per  centum  ad  valorem. 

On  stockings,  hose,  half-hose,  shirts,  and  drawers,  fashioned,  nar- 
rowed, or  sh;ii)ed  wholly  or  in  i)art  by  knitting  machines  or  frames,  or 
knit  by  hand,  and  composed  wholly  of  cotton,  forty  per  centum  ad  valo- 
rem . 

Cotton  cords,  braids,  gimps,  galloons,  webbing,  goring,  suspenders, 
braces,  and  all  manufactures  of  cotton,  not  specially  enumerated  or  i)ro- 
vided  for  in  this  act,  and  corsets,of  whatever  material  composed,  thirty- 
five  per  ci  ntum  ad  valorem. 

Cotton  laces,  embroideries,  inserting,  trimmings,  lace  window  curtains, 
cotton  damask,  hemmed  handkerchiefs,  and  cotton  velvet,  forty  per 
centum  ad  valorem. 

Spool-thread  of  cotton,  seven  cents  per  dozen  spools,  containing  on 
each  spool  not  exceeding  one  hundred  yards  of  thread  ;  exceeding  one 
hundred  yards  on  e  ich  spool,  for  every  additional  one  hundred  yards 
of  thread' or  fractional  part  thereof  in  excess  of  one  hundred  yards, 
seven  cents  per  dozen. 

Schedule  J. — Hemp,  Jute,  and  Flax  Goods. 

Flax  straw,  five  dollars  per  ton. 

Flax,  not  hackled  or  dressed,  twenty  dollars  per  ton. 

Flax,  hackled,  known  as  "dressed  line,"  forty  dollars  per  ton. 

Tow,  of  flax  or  hemp,  ten  dollars  per  ton. 

Hemj),  manila  and  other  like  substitutes  for  hemp  not  specially  enu- 
metated  or  provided  for  in  this  act,  twenty-five  dollars  per  ton. 

Jute  butts,  five  dollars  per  ton. 

Jute,  twenty  per  centum  ad  valorem  ;  sunn,  sisal  grass,  and  other 
vegetable  substances,  not  specially  enumerated  or  provided  for  in  this 
act,  fifteen  dollars  per  ton. 

Brown  and  bleached  linens,  ducks,  canvas,  paddings,  cot  bottoms, 
diapers,  crash,  huckabacks,  handkerchiefs,  lawns,  or  other  manufact- 
ures of  flax,  jute,  or  hemp,  or  of  which  flax,  jute,  or  hemp  shall  be  the 
component  material  of  chief  value,  not  specially  enumerated  or  provided 
for  in  this  act,  thirty-five  per  centum  ad  valorem. 

Flax,  hemp,  and  jute  yarns,  thirty-five  per  centum  ad  valorem. 

Flax  or  linen  thread,  twine,  and  pack  thread  and  all  manufactures  of 
flax,  or  of  which  flax  shall  be  the  component  material  of  chief  value, 
not  specially  enumerated  or  provided  for  in  this  act,  forty  per  centum 
ad  valorem. 

Flax  or  linen  laces  and  insertings,  embroideries,  or  manufactures  of 
linen,  if  embroidered  or  tamboured  in  the  loom  or  otherwise,  by  machin- 
ery or  with  the  needle  or  other  process,  and  not  specially  enumerated 
or  provided  for  in  this  act,  thirty  per  centum  ad  valorem. 

Burlaps,  not  exceeding  sixty  inches  in  width,  of  flax,  jute,  or  hemp, 
or  of  which  flax,  jute,  or  hemp,  or  either  of  them,  shall  be  the  compo- 
nent material  of  chief  value  (except  such  as  may  be  suitable  for  bag- 
ging for  cotton),  thirty  per  centum  ad  valorem. 

Oil-cloth  foundations,  or  floor  cloth  canvas,  or  burlaps  exceeding  sixty 
inches  in  width,  made  of  flax,  jute,  or  hemp,  or  of  which  flax,  jute,  or 
hemp,  or  either  of  them,  shall  be  the  component  material  of  chief  value, 
forty  per  centum  ad  valorem. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  275 

Oil-cloths  for  floors,  stamped,  painted,  or  printed,  and  on  all  other 
oil  cloth  (excejtt  silk  oi'l  cloth),  and  on  water-proof  cloth,  not  otherwise 
provided  for,  forty  i>er  centnm  ad  valorem. 

Gnnny  cloth,  not  ba<;ging-,  valued  at  ten  cents  or  less  per  square  yard, 
three  cents  per  j)ound  ;  valued  at  over  ten  cents  per  square  yard,  four 
cents  per  pound. 

Bags  and  bagging,  and  like  manufactures,  not  specially  enumerated 
or  provided  for  in  this  act  (except  bagging  for  cotton),  composed  wholly 
or  in  part  of  flax,  hemp,  jute,  gunny  cloth,  gunny  bags,  or  other  ma- 
terial, forty  i)er  centum  ad  valorem. 

Bagging  for  cotton,  or  other  manufactures  not  specially  enumerated 
or  provided  for  in  this  act,  suitable  to  the  uses  for  which  cotton  bagging 
is  applied,  composed  in  whole  or  in  part  of  hemp,  jute,  jute  butts,  flax, 
gunny  bags,  gnnny  cloth,  or  other  material,  and  value<l  at  seven  cents 
or  less  persquareyard,one  and  one-half  cents  per  pound;  valued  at  over 
seven  cents  per  square  yard,  two  cents  per  i)ouud. 

Tarred  cables  or  cordage,  three  cents  i)er  pound. 

Untarred  manila  cordage,  two  and  one-half  cents  per  pound. 

All  other  untarred  cordage,  three  and  one  half  cents  per  pound. 

Seines  and  seine  and  gilling  twine,  twenty-five  per  centum  ad  valo- 
rem. 

Sail  duck,  or  canvas  for  sails,  thirty  per  centum  ad  valorem. 

Russia  and  other  sheetings,  of  flax  or  hemp,  brown  or  white,  thirty- 
five  per  centum  a<l  valorem. 

All  other  manufactures  of  hemp,  or  manila,  or  of  which  hemp  or  manila 
shall  be  a  component  material  of  chief  value,  not  specially  enumerated 
or  provided  for  in  this  act,  thirty-five  per  centum  ad  valorem. 

Grass  cloth,  and  other  manufactures  of  jute,  ramie,  China,  and  sisal 
grass,  not  specially  enumerated  or  provided  for  in  this  act,  thirty-five 
per  centum  ad  valorem. 

Schedule  K. — Wool  and  Woolens. 

All  wools,  hair  of  the  alpaca,  goat,  and  other  like  animals,  shall  be 
divided,  for  the  purpose  of  fixing  the  duties  to  be  charged  thereon,  iuto 
the  three  following  classes: 

Class  onp:,  clothino  wools.— That  is  to  say,  merino,  mestiza, 
metz,  or  metis  wools,  or  other  wools  of  merino  blood,  immediate  or  re- 
mote, down  clothing  wools,  and  wools  of  like  character  with  any  of  the 
preceding,  including  such  as  have  been  heretofore  usually  imported 
iuto  the  United  States  from  Buenos  Ayres,  New  Zealand,  Australia, 
Cape  of  Good  Hope,  Kussia,  Great  Britain,  Canada,  and  elsewhere,  and 
also  including  all  wools  not  hereinafter  described  or  designated  in  classes 
two  and  three. 

Class  two,  combing  wools. — That  is  to  say,  Leicester,  Cotswold, 
Lincolnshire,  Down  combing  wools,  Canada  long  wools,  or  other  like 
combing  wools  of  English  blood, and  usually  known  by  the  terms  herein 
used,  and  also  all  hair  of  the  alpaca,  goat,  an<l  other  like  animals. 

Class  three,  cakpet  wools  and  other  similar  wools.— Such 
asDonskoi,  native  Sontii  American,  Cordova,  Valparaiso,  native  Smy  na, 
and  including  all  such  wools  of  like  (character  as  have  been  heretofore 
usually  impt)rted  into  the  United  States  from  Turkey,  Greece,  Egypt, 
Syria,  and  elsewhere. 

The  duty  on  wools  of  the  first  class  which  shall  be  imi)orted  washed 
shall  be  twice  the  atiiount  of  the  duty  to  which  they  would  be  subjected 
if  imported  unwashed ;  and  the  duty  on  wools  of  all  classes  which  shall 


276  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

be  imported  scoured  sli.ill  be  three  times  the  duty  to  which  they  would 
be  subjected  if  imported  unwashed.  The  duty  upon  wool  of  the  sheep, 
or  hair  of  the  alpaca,  gfoat,  and  ether  like  animals  which  shall  be  im- 
ported in  an^'  other  than  ordinary  condition,  as  now  and  heretofore 
X^racticed,  or  which  shall  be  changed  in  its  character  or  condition  for 
the  purpose  of  evadin^s'  the  duty,  or  which  shall  l)ere<luced  in  value  by 
the  admixture  of  <lirt  or  any  othtr  foreign  substance,  shall  be  twice  the 
duty  to  which  it  would  be  otherwise  subject. 

^Vools  of  the  first  class,  tlie  value  whereof  at  the  last  port  or  i>Iace 
whence  exported  to  the  United  States,  excluding  charges  in  such  port, 
shall  be  thirty  cents  or  less  per  pound,  ten  cents  per  i)ouud  ;  wools  of 
the  same  class,  the  value  whereof  at  the  last  port  or  place  whence  ex- 
ported to  the  ITnited  States,  excluding  charges  in  such  port,  shall  ex- 
ceed thirty  cents  per  pound,  twelve  cents  per  pound. 

Wools  of  the  second  class,  and  all  hair  of  the  alpaca,  goat,  and  other 
like  animals,  the  value  whereof,  at  the  last  i)ort  or  place  wh.ence  ex- 
ported to  the  United  States,  excluding  (diarges  in  such  port,  shall  be 
thirty  cents  or  less  per  ponnd,  ten  cents  per  pound ;  wools  of  the  same 
class,  the  value  whereof  at  the  last  i)ort  or  place  whence  exi)orted  to  the 
United  States,  excluding  charges  in  such  port,  shall  exceed  thirty  cents 
per  ponnd,  twelve  cents  ])er  ])ound. 

Wools  of  the  third  class,  the  value  whereof,  at  the  last  port  or  place 
whence  exported  to  the  United  States,  excluding  charges  in  such  port, 
shall  be  twelve  cents  or  less  per  pound,  two  and  a  half  cents  per  pound; 
wools  of  the  same  class,  the  value  whereof,  at  the  last  port  or  place 
whence  exj)orted  to  the  United  States,  excluding  charges  in  such  poit, 
shall  exceed  twelve  cents  per  jjound,  five  cents  per  pound. 

Wools  on  the  skin,  the  same  rates  as  other  wools,  the  quantity  and 
value  to  be  ascertained  under  such  rules  as  the  Secretary  of  the  Treas- 
ury may  prescribe. 

Woolen  rags,  shoddy,  mungo,  waste,  and  flocks,  ten  cents  per  ])ound. 

Woolen  cloths,  woolen  shawls,  and  all  manufactures  of  wool  of  every 
description,  made  wholly  or  in  jmrt  of  wool,  not  specially  enumerated 
or  provided  for  in  this  act,  valued  at  not  exceeding  eighty  cents  per 
pound,  thirty-five  cents  per  ])ouud  and  thirty-five  per  centum  ad  va- 
lorem ;  valued  at  above  eighty  cents  per  pound,  thirty-five  cents  per 
pound,  and  in  addition  thereto  forty  per  centum  ad  valorem. 

Flannels,  blankets,  hats  of  wool,  knit  goods,  and  all  goods  made  on 
knitting-frames,  balmoials,  woolen  and  worsted  yarns,  and  all  manu- 
factures of  every  description,  comi)osed  wholly  or  in  part  of  worsted, 
the  hair  of  the  alpaca,  goat,  or  other  animals,  (except  such  as  are  com- 
posed in  part  of  wool),  not  specially  enumerated  or  provided  for  in  this 
act,  valued  at  not  exceeding  thirty  cents  jier  ])ound,  ten  cents  per 
l^ouud;  valued  at  above  thirty  cents  per  pouiui,  and  not  exceeding 
forty  cents  i)er  i)ound,  twelve  cents  per  pound;  valued  at  above  forty 
ceutsper  pound,  and  not  exceeding  sixty  cents  ])er  pound,  eighteen  cents 
l)er  pound;  valued  at  above  sixty  cents  per  pound,  and  not  exceeding 
eighty  cents  per  pound,  twenty-lour  cents  per  pound;  and  in  addition 
thereto,  upon  all  the  above  Jiamed  articles,  thirty-five  per  centum  ad 
valorem;  valued  at  above  ei^ylity  cents  per  pound,  thirty-five  cents  per 
])Ound,  and  in  addition  theieto  lorty  per  centum  ad  valorem. 

Bunting,  ten  cents  per  square  yard,  and  in  addition  thereto,  thirty- 
five  ])er  centum  ad  valorem. 

Women's  and  childien's  diess  goods,  coat  linings,  Italian  cloths,  aud 
goods  of  like  description,  conii)osed  in  part  of  wool,  worsted,  the  hair  of 
the  alpaca,  goat,  or  other  animals,  valued  at  not  exceeding  twenty  cents 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       277 

per  square  yard,  live  cents  i>er  square  yard,  and  in  addition  th«'r(?to, 
thirty-five  per  centum  ad  valorem;  valued  at  above  twenty  cents  per 
square  yard,  seven  cents  per  square  yard,  and  forty  i)er  centum  ad  va- 
lorem;  if  composed  wholly  of  wool,  woisted,  the  hair  of  the  al|)aca,  i>oat, 
or  other  animals,  oi  of  a  mixture  of  them,  nine  cents  ])er  square  yard 
and  forty  per  centum  ad  valorem,  but  all  such  goods  with  selvedges, 
made  wholly  or  in  i)art  of  other  materials,  or  with  threads  of  other  ma- 
terials intnJduced  for  the  i)nrpose  of  changing-  the  classification,  shall 
be  dutiable  at  nine  cents  per  square  yard  and  forty  per  centum  ad  va- 
lorem :  Provided,  That  all  such  goods  weighing  over  four  ounces  per 
square  yard  shall  pay  a  duty  of  thirty  five  cents  per  pound  and  forty 
per  centum  ad  valorem. 

( ■iothing,  ready-made,  and  wearing  app;irel  of  every  description,  not 
specially  enumerated  or  i)rovided  for  in  this  act,  and  balmoral  skirts, 
and  skirting,  and  goods  of  similar  description,  or  used  for  like  purposes, 
composed  wludly  or  in  part  of  wool,  worsted,  the  hair  of  the  alpaca, 
goat,  or  other  animals,  made  up  or  mamifactured  wholly  or  in  part  by 
the  tailor,  seamstress,  or  m:inufactnrer.  exce^jt  knit  goods,  forty  cents 
per  pound,  and  in  addition  thereto,  thirty  five  per  centum  ad  valorem. 

Cloaks,  dolmans,  jackers,  talmas,  ulsters,  or  other  outside  garments 
for  ladies' and  childrens' apparel  and  goods  of  similar  descrii)tion,  or 
used  for  like  purposes,  composed  wholly  or  in  part  of  wool,  worsted,  the 
hair  of  the  alpaca,  goat,  or  other  animals,  made  up  or  manufactured 
wholly  or  in  part  by  the  tailor,  seamstress,  or  manufacturer  (except  knit 
goods),  forty-five  cents  per  pound,  and  in  addition  thereto  forty  per 
centum  ad  valorem. 

\Vel)bings.  gorings,  suspenders,  braces,  beltings,  bindings,  braids, 
galloons,  fringes,  gimi)s,  (iords,  cords  and  tassels,  dress  trimmings,  head 
nets,  buttons,  or  barrel  buttons,  or  buttons  of  other  forms  for  tassels  or 
ornaments,  wrought  by  hand,  or  braided  by  machinery,  made  of  wool, 
worsted,  the  hair  of  the  alpaca,  .^oat,  or  other  animals,  or  of  which  wool, 
worsted,  the  hair  of  the  alpaca,  goat,  oi  other  animals  is  a  component 
material,  thirty  cents  i)er  pound,  and  in  addition  thereto,  fltty  per  ceut- 
um  ad  valorem. 

Aubusson,  Axminister,  and  chenille  cari)ets,  and  carpets  woven  whole 
for  rooms,  forty-five  cents  per  square  yard,  and  in  addition  thereto,  thirty 
per  centum  ad  valorem. 

Saxony, Wilton,  and  Tournay  velvetcari)ets,  forty-five  cents  per  square 
yard,  and  in  addition  thereto,  thirty  i)er  centum  ad  valorem. 

Brussels  carpets,  thiity  cents  per  square  yard,  and  in  addition  thereto 
thirty  per  centum  ad  valorem. 

Patent  velvet  and  tajH'stry  velvet  carpets,  printe<l  on  the  Avarp  or 
otherwise,  twenty-five  cents  i)er  square  yai<l,  and  in  addition  thereto, 
thirty  per  centum  ad  valorem. 

Tapestry  lirnssels  carpets,  printed  on  the  warp  or  otherwise,  twenty 
cents  per'square  yard,  and  in  addition  thereto,  thirty  per  ceutuiu  ad 
valorem. 

Treble  ingrain,  three-i)ly,  and  worsted-chain  Venetian  carpets,  twelve 
cents  per  square  yard,  and  in  addition  thereto,  thirty  per  centum  ad 
valorem. 

Yarn  Venetian,  and  two-ply  ingrain  carpets,  eight  cents  per  sipiare 
yard,  and  in  addition  thereto,  thirty  per  centum  ad  valorem. 

Druggets  and  bockings,  printed,  colored,  or  otherwise,  fifteen  cents 
per  square  yaid,  aial  in  addition  thereto,  thirty  i)er  centum  ad  valorem 

Plem])  or  Jute  carpeting,  six  cents  per  square  yard. 

Carpets  aiid  carpetings  of  wool,  flax,  or  cotton,  or  parts  of  either  o 


278  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

otber  material,  not  otherwise  herein  specified,  forty  per  centum  ad 
valorem;  and  mats,  rujis,  screens,  covers,  hassocks,  bedsides,  and  other 
portions  of  carpets  or  carpetings,  shall  be  subjected  to  the  rateot  duty 
herein  imposed  on  carpets  or  carpeting  of  like  character  or  description; 
and  the  duty  on  all  other  mats  not  exclusively  of  vegetable  material, 
screens,  hassocks,  and  rugs,  shall  be  forty  per  centum  ad  valorem. 

Endless  belts  or  felts  for  paper  or  printing  machines,  twenty  cents 
X)er  pound  and  thirty  per  centum  ad  valorem. 

Schedule  L. — Silk  and  Silk  Goods. 

Silk,  ])artially  manufactured  from  cocoons,  or  from  waste  silk,  and 
not  further  advanced  or  manufactured  than  carded  or  combed  silk,  fifty 
cents  per  i)0und. 

Thrown  silk,  in  gum,  not  more  advanced  than  singles,  tram,  organ- 
ziue,  sewing  silk,  twist,  floss,  in  the  gum,  and  spun  silk,  silk  threads  or 
yarns,  of  every  description,  j)uritied  or  dyed,  thirty  per  centum  ad 
valorem. 

On  lastings,  mohair  cloth,  silk  twist,  or  other  manufactures  of  cloth, 
woven  or  made  in  patterns  ot  such  size,  shape,  or  forui,  or  cut  in  such 
manner  as  to  be  tit  lor  buttons  exclusively,  ten  i)er  centum  ad  valorem. 

All  goods,  wares,  and  merchandise,  not  specially  enuuierated  or  pro- 
vided for  in  this  act,  made  of  silk,  or  of  which  silk  is  the  component 
material  of  chief  value,  fifty  per  centum  ad  valorem. 

Schedule  M.-^Books,  Papers,  etc. 

Books,  pamphlets,  bound  or  unbound,  and  all  printed  matter,  not 
specially  enumerated  or  provided  for  in  this  act,  engravings,  bound  or 
unbound,  etchings,  illustrated  books,  maps,  and  charts,  twenty-five  per 
centum  ad  valorem. 

Blank  books,  bound  or  unbound,  and  blank  books  for  press-copying, 
twenty  per  centum  ad  vahirem. 

Pa])er,  sized  or  glued,  suitable  oidy  for  printing  paper,  twenty  per 
centuui  ad  valorem. 

Printing  paper,  unsized,  used  for  books  and  new!>[)apers  exclusively, 
fiiteen  i)er  centum  ad  valoreui. 

Paper,  manufactures  of,  or  of  which  paper  is  a  couiponent  material, 
not  si)ecially  enumerated  or  provided  for  in  this  act,  fifteen  per  centum 
ad  valoreui. 

Sheathing  paper,  ten  per  centum  ad  valorem. 

Pai)er  boxes,  and  all  other  fan<;y  boxes,  thirty-five  per  centum  ad  va- 
loiem. 

Pajier  envelopes,  twenty-five  per  centum  ad  valorem. 

Paper-hangings  and  [)aper  for  screens  or  fire-boards,  paper  antiqua- 
rian, demy,  drawing,  elephant,  foolscap,  imi)erial,  letter,  note,  aud  all 
other  i)aper  not  specially  enumerated  or  provided  for  in  this  act,  twenty- 
five  i)er  centum  ad  valorem. 

Pulp,  dried,  for  paper-makers' use,  ten  per  centum  ad  valorem. 

Schedule  N.— Sundries. 

Alabastar  and  si)ar  statuary  and  ornaments,  ten  per  centum  ad  valo- 
rem. 

Baskets  and  all  other  articles  composed  of  grass,  osier,  palm  leaf, 
whalebone,  or  willow,  or  straw,  not  specially  enumerated  or  provided  for 
in  this  act,  thirty  per  centum  ad  valorem. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  279 

Btacls,  aii«l  bead  oniaiiients  of  all  kinds,  except  amber,  fiity  per  cen- 
tum ad  valorem. 

Blackinji-  of  all  kinds,  twenty-five  per  oeutnin  ad  valorem. 

Bladdi'vs.  mjuiufactuves  of,  twenty-five  i)er  centum  ad  valorem. 

Bone,  horn, ivory,  or  vegetable  ivory,  all  m:niufactures  of,  not  specially 
eiiuiiieiated  or  provided  for  in  tliis  act,  thirty  ])er  eenlum  ad  valorem. 

Bonnets,  liats,  and  hoods  for  men,  women,  and  cliildreu,  com])Osed  of 
chip,  grass,  palm-leaf,  willow,  or  straw,  or  any  other  vegetable  substance, 
hair,  whalebone,  or  other  material,  not  specially  enumerated  or  pro- 
vided for  in  this  act,  thirty  per  centum  ad  valorem. 

Bouillons,  or  cannetille,  metal  threads,  fil6,  or  gespinst,  twenty-five 
per  centum  ad  valoiem. 

Bristles,  fifteen  cents  per  pound. 

Brooms  of  all  kind,  twenty-five  per  centum  ad  valorem. 

Brushes  of  all  kinds,  thirty  per  centum  ad  valorem. 

Bulbs  and  bulbous  roots,  not  medicinal,  <ind  not  specially  enumerated 
or  provided  for  in  this  act,  tw^enty  per  centum  ad  valorem. 

Burr  stones,  manufactured  or  bound  up  into  mill  stones,  twenty  per 
centum  ad  \alorem, 

Bnttons  and  bntton  molds,  uot  specially  enumerated  or  provided  for 
in  this  a(-t,  not  including  brass,  gilt,  or  silk  buttons,  twenty-five  per 
centum  ad  valorem. 

Candles  and  tapers  of  all  kinds,  twenty  per  centum  ad  valorem. 

Canes  and  sticks  for  walking,  finished,  thirty-five  per  centum  ad  va- 
lorem ;  if  unfinishe<l,  twenty  per  centum  ad  vtih  rem. 

Card-cases,  pocket-books,  shell  boxes,  and  all  similar  articles,  of  what- 
ever material  composed,  and  by  whatever  name  known,  not  specially 
enumerated  or  provided  for  in  this  act,  thirty-five  per  centum  ad  valorem. 

Card  clothing,  twenty-five  cents  per  square  foot ;  when  manufactured 
from  temi)ered  steel  wire,  forty-five  cents  per  square  foot. 

Carriages,  and  parts  of,  not  s])ecially  enumerated  or  provided  for  in 
this  act,  thirty-five  per  centum  a<l  valorem. 

(yhrnnometers,  box  or  ship's,  and  parts  thereof,  ten  per  centum  ad 
valorem. 

Clocks,  and  parts  of  clocks,  thirty  per  centum  ad  vaiorenu 

Coach  and  harness  funitnre  of  all  kinds,  saddlery,  coach,  and  harness 
hardware,  silver  idated,  brass,  brass  ])lated,  or  covered,  common,  tinned, 
burnished,  or  japanned,  not  especially  enumerated  or  provided  for  in 
this  act,  thirty-five  ])er  centum  ad  valorem. 

Coal  slack  or  cidm,  such  as  will  i)ass  through  a  half-inch  screen, 
thirty  cents  per  ton  of  twenty  eight  bushels,  eighty  i)onnds  to  the 
bushel. 

Co;d,  bituminous,  and  shale,  seventy-five  cents  i)er  ton  of  twenty- 
eight  bushels,  eighty  pounds  to  the  bushel.  A  drawback  of  seventy- 
five  cents  per  ton  shall  be  allowed  on  all  bituminous  coal  imported  into 
the  United  St;ites  whic;h  is  afterwards  used  for  fuel  on  board  of  vessels 
propelled  by  steam  which  are  engaged  in  the  coasting  trade  of  the 
United  States,  or  in  the  trade  Avith  foreign  countries,  to  be  allowed  and 
paid  under  such  regulations  as  the  Secretary  of  the  Treasury  shall  pre- 
scribe. 

Coke,  twenty  i)er  centum  ad  valorem. 

Combs,  of  all  kinds,  thii-ty  per  centum  ad  valorem. 
Compositions  of  glass  or  paste,  when  not  set,  ten  jier  centum  ad  valo- 
rem. 

Coral  cut,  manufactured,  or  set,  twenty-five  per  centum  ad  valorem. 


280  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Corks  aud  cork  bark,  inauuiactiired,  twenty-live  per  centum  ad  valo- 
rem. 

Crayons  of  all  kinds,  twenty  per  centum  ad  valorem. 

Dice,  drauo-lits,  cliess-men,  chess-balls,  and  billiard  and  bagatelle 
balls,  of  ivory  or  bone,  fifty  per  centum  ad  valorem. 

Dolls  and  to\s,  thirty-five  jier  centum  ad  valorem. 

Emery  grains  and  emery  manufactured,  ground,  pulverized,  or  refined, 
one  cent  per  i)ound. 

E[)aulets,  galloons,  laces,  knots,  stars,  tassels,  and  wings,  of  gold,  sil- 
ver, or  other  metal,  twenty-five  per  centum  ad  /alorem. 

Fans  of  all  kinds,  except  common  palm-leaf  fans,  of  whatever  material 
composed,  thirty  live  per  centum  ad  valorem. 

Feathers  of  all  kinds,  crude  or  not  dressed,  colored  or  manufactured, 
twenty  five  per  centum  ad  valorem ;  when  dressed,  colored,  or  manu- 
factured, including  dressed  aud  finished  birds,  for  millinery  ornaments, 
and  artificial  aud  ornamental  feathers  and  flowers,  or  parts  thereof,  of 
whatever  material  comjtosed,  for  millinery  use,  not  specially  enumer- 
ated or  provided  for  in  this  act,  fifty  per  centum  ad  valorem. 

Finishing  powder,  twenty  per  centum  ad  valorem. 

Fire-crackers  of  all  kinds,  one  hundred  per  centum  ad  valorem. 

Floor- matting-  and  floor-mats,  exclusively  of  vegetable  substances, 
twenty  per  centum  ad  valorem. 

Friction  or  lucifer  matches  of  all  descriptions,  thirty-five  per  centum 
ad  valorem. 

Fulminates,  fulminating  powders,  and  all  like  articles,  not  specially 
enumerated  or  provided  for  in  this  act,  thirty  per  centum  ad  valorem. 

Fur,  articles  made  of,  and  not  specially  enumerated  or  provided  for 
in  this  act,  thirty  i)er  centum  ad  valorem. 

Gloves,  kid  or  leather,  of  all  descriptions,  wholly  or  partially  manu- 
factured, fifty  i)er  centum  ad  valorem. 

Grease,  all  not  s[)ecially  enumerated  or  provided  for  in  this  act,  ten 
per  centum  ad  valorem. 

Grind  stones,  finished  or  unfinished,  one  dollar  and  seventy-five  cents 
per  ton. 

Gunpowder  and  all  explosive  substances  used  for  mining,  blasting, 
artillery,  or  sporting  purposes,  when  valued  at  twenty  cents  or  less  per 
pound, "six  cents  per  pound;  valued  above  twenty  cents  per  pound,  ten 
cents  per  pound. 

Gun-wads,  of  ail  descri])tions,  thirty-five  per  centum  ad  valorem. 

Gutta-percha,  manufactured,  and  all  articles  of,  not  specially  enumer- 
ated or  i)rovided  for  in  this  act,  thirty-five  per  centum  ad  valorem. 

Hair,  liuman,  bracelets,  braids,  chains,  rings,  curls,  and  ringlets,  com- 
posed of  hair,  or  of  which  hair  is  the  compotent  material  of  chief  value, 
thirty-fi\'e  per  centum  ad  valorem. 

Curled  hair,  except  of  hogs,  used  for  beds  or  mattresses,  tw^enty-five 
per(;entr.m  ad  valorem. 

Hnman  hair,  raw,  uncleancd  and  not  drawn,  twenty  per  centum  ad 
valorem.  If  clean  or  drawn,  but  not  manufactured,  thirty  per  centum 
ad  valorem;  when  manufactured,  thirty-five  per  centum  ad  valorem. 

Hair  cloth,  known  as  "crinoline  cloth,"  and  all  other  manufactures 
of  hair  not  s{)ecially  enumerated  or  provided  for  in  this  act,  thirty  per 
centum  ad  valorem. 

Hair  cloth,  known  as  '•  hair  seating,"  thirty  cents  per  scpuire  yard. 

Hair  pencils,  thiity  per  centum  ad  valorem. 

Hats,  ami  so  fortJi,  materials  for:  Braids,  plaits,  flats,  laces,  trim- 
mings, tissues,  willow  sheets  and  squares,  used  for  making  or  ornament- 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  281 

iii^  liats,  bonnets,  and  hoods,  composed  of  straw,  cbip,  jj^rass,  palm  leaf, 
willow,  hair,  whalebone,  or  any  other  snbstance  or  material,  not  spe- 
cially enumerated  or  provided  for  in  this  act,  twenty  per  centum  ad  va- 
lorem. 

Hat  bodies  of  cotton,  thirty-five  per  centum  ad  valorem. 

Hatters'  furs,  not  on  the  skin,  and  dressed  furs  on  the  skin,  twenty 
per  centum  ad  valorem. 

Hatters'  plush,  composed  of  silk  or  of  silk  and  cotton,  twenty-five  per 
centum  ad  valorem. 

Hemp  seed  and  rape  seed,  and  other  oil  seeds  of  like  character,  other 
than  linseed  or  ilaxseed,  one  quarter  of  one  cent  per  })onnd. 

India-rubber  fabrics,  composed  wholly  or  in  partot  India  rubber,  not 
specially  enumerated  or  provided  for  in  this  act,  thirty  per  centum  ad 
valorem. 

Articles  composed  of  India  rubber,  not  specially  enumerated  or  pro- 
vided for  in  this  act,  twenty-five  per  centum  ad  valorem. 

India-rubber  boots  and  shoes,  twenty-five  pejr  centum  ad  vahnem. 

Inks  of  all  kinds  and  ink  i)owders,  thirty  per  centum  ad  valorem. 

Japanned  ware  of  all  kinds,  not  specially  enumerated  or  provided  for 
in  this  act,  forty  per  eeiitnm  ad  valorem. 

Jet,  manufactures  and  imitations  of,  twenty-five  per  centum  ad  valo- 
rem. 

Jewelry  of  all  kinds,  twenty-five  per  centum  ad  valorem. 

Leather,  bend  or  belting-  leather,  and  Spanish  or  other  sole  leather, 
and  leather  not  specially  enumerated  or  i)rovided  for  in  this  act,  fifteen 
per  centum  ad  valorem. 

Calfskins,  tanned,  or  tanned  and  dressed,  and  dressed  upper  leather 
of  all  other  kinds,  and  skins  dressed  and  finished,  of  all  kinds,  not  spe- 
cially enumerated  or  provide<l  for  in  this  act,  and  skins  of  morocco,  fin- 
ished, twenty  per  centum  ad  valorem. 

Skins  for  morocco,  tanned,  but  unfinished,  ten  per  centum  ad  valo- 
rem. 

All  manufactures  and  articles  of  leather,  or  of  which  leather  shall  be 
a  component  part,  not  s])ecially  enumerated  or  provided  for  in  this  act, 
thirty  i)er  centum  ad  valorem. 

Lime,  ten  per  centum  ad  valorem. 

Garden  seeds,  except  seed  of  the  sugar  beet,  twenty  per  centum  ad 
valorem. 

Linseed  or  flaxseed,  twenty  cents  i)er  bushel  of  fifty-six  pounds  ;  but 
no  drawback  shall  be  allowed  on  oil-cake  made  from  imported  seed. 

Marble  of  all  kinds,  in  block,  rough  or  squared,  sixty-five  cents  })er 
cubic  foot;  veined  marble,  sawed,  dressed,  or  oiherwise,  including 
marble  slabs  and  marble  paving-tiles,  one  dollar  and  ten  cents  per  cubic 
foot. 

All  manufactures  of  marble  not  s[)ecially  enumerated  or  ))rovided  for 
in  this  act,  fifty  i)er  centum  ad  valorem. 

Musical  instruments  of  all  kinds,  twenty-five  per  centum  ad  valorem. 

Paintings,  in  oil  or  water  colors,  and  statuary  not  otherwise  ])rovided 
for,  thirty  ]»er  centum  ad  valorem.  But  the  term  "  statuary,"  as  used 
in  til"  laws  now  in  force  imposing  duties  on  foreign  importations,  shall 
be  understood  to  include  prolessioual  i)roductions  of  a  statuary  or  of  a 
sculptor  only. 

Osier,  or  willow,  pre])ared  foi-  basket-makers'  use,  twenty-live  per 
centum  ad  valorem. 

Pai)ier-maclie,  manulactures,  articles,  and  waresof,  thirty  percentum 
ad  valorem. 


282       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

Pencils  of  wood  filled  with  lead  or  other  material  aud  pencils  of  lead, 
fifty  cents  i)er  gross  and  thirty  per  centum  ad  valorem;  pencils-leads, 
not  in  wood,  ten  per  centum  ad  valorem. 

Percussion  caps,  Ibrty  per  centum  ad  valorem. 

Philosophical  apparatus  and  instruments,  thirty-five  per  centum  ad 
valorem. 

Pipes,  ])ipe  bowls,  and  all  smokers'  articles  whatsoever,  not  specially 
enumerated  or  provided  for  in  this  act,  seventy  per  centum  ad  valorem  ; 
all  common  pipes  of  clay,  thirty  five  per  centum  ad  valorem. 

Plaster  ot  Paris,  when  ground  or  calcined,  t'-venty  per  centum  ad 
valorem. 

Playing  cards,  one  hundred  i)er  centum  ad  valorem. 

Polishing  powders  of  every  description,  by  whatever  name  known, 
including  Frankfort  black,  and  Berlin,  Chinese,  fig,  and  wash  blue, 
twenty  i>er  centum  ad  valorem. 

Precious  stones  of  all  kinds,  ten  per  centum  ad  valorem. 

Rags,  of  whatever  majterial  composed,  and  not  specially  enumerated 
or  provided  for  in  this  act,  ten  per  centum  ad  valore  ii. 

Eattans  and  reeds,  manufactured,  but  not  made  up  into  completed 
articles,  ten  per  centum  ad  valorem. 

Salt,  in  bags,  sacks,  barrels,  or  other  packages,  twelve  cents  per  one 
hundred  pounds  ;  in  bulk,  eight  cents  per  one  hundred  pounds  :  Pro- 
vided.! That  exporters  of  meats,  whether  packed  or  smoked,  which  have 
been  cured  in  the  United  States  with  imported  salt,  shall,  upon  satis- 
factoiy  proof,  under  such  regulations  as  the  Secretary  of  the  Treasury 
shall  ])rescribe,  that  such  meats  have  been  cured  with  imported  salt, 
have  refunded  to  them  from  the  Treasury-  the  duties  paid  on  the  salt  so 
used  in  curing  such  exported  meats,  in  amounts  not  less  than  one  hun- 
dred dollars:  And  provided  further.,  That  imported  salt  in  bond  may  be 
used  in  curing  fish  taken  by  vessels  licensed  to  engage  in  the  fisheries, 
aud  in  curing  fish  on  the  shores  of  the  navigable  waters  of  the  United 
States,  under  such  regulations  as  the  Secretary  of  the  Treasury  shall 
prescribe  ;  and  upon  proof  that  the  salt  has  been  used  for  either  of  the 
purposes  stated  in  this  proviso,  the  duties  on  the  same  shall  be  remitted. 

Scagliola,  and  composition  tops  for  tables  or  for  other  articles  of  fur- 
niture, thirty  five  per  centum  ad  valorem. 

Seal inji- wax,  twenty  per  centum  ad  valorem. 

Shells,  whole  or  i^arts  of,  manufactured,  of  every  description,  not 
specially  enumerated  or  provided  for  in  this  act,  twenty-five  per  centum 
ad  valorem. 

Stones,  unmanufactured  or  undressed,  freestone,  granite,  sandstone, 
and  all  building  or  monumental  stone,  except  marble,  not  specially 
enumerated  or  provided  for  in  this  act,  one  dollar  per  ton ;  and  upon 
stones  as  above,  hewn,  dressed,  or  polished,  twenty  per  centum  ad  va- 
lorem. 

Strings:  All  strings  of  catgut,  or  any  other  like  material,  other  than 
strings  for  musical  instruments,  twenty-five  per  centum  ad  valorem. 

Tallow,  one  cent  per  pound. 

Teeth,  manufactured,  twenty  per  centum  ad  valorem. 

Umbrella  aud  i)arasol  ribs,  and  stretcher  frames,  tii)S  runners, handles, 
or  other  ])arts  thereof,  when  made  in  whole  or  chief  part  of  iron,  steel, 
or  any  otlier  metal,  forty  per  centum  ad  valorem  ;  umbrellas,  parasols, 
and  shades,  when  covered  with  silk  or  alpaca,  fifty  per  centum  ad  valo- 
rem ;  all  other  umbrellas,  forty  ])er  centum  ad  valorem. 

Unibiellas,  parasols,aud  sunshades,  frames  and  sticks  for,  finished  or 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       283 

iinfiiiislieil,  not  specially  euumerated  or  provided  for  iu  this  act,  thirty 
per  cent  mil  ad  valorem 

A>'a!^te,  all  uot  siiecially  enumerated  or  provided  for  in  this  act,  ten 
per  centum  ad  valorem. 

AVatcbes,  watch-cases,  watch-movements,  partsof  watches, and  watch 
materials,  not  siiecially  enumerated  or  provided  for  iu  this  act,  twenty- 
five  per  centum  ad  valorem. 

lVel)bin<>-,  composed  of  cotton,  flax,  or  any  other  materials,  not  spe- 
cially enumerated  or  provided  for  iu  this  act,  thirty-five  per  centum  ad 
valorem. 

The  Free  List 

Sec.  2503.  The  following  articles  when  imported  shall  be  exempt 
from  duty: 

Albumen,  iu  any  form  or  condition  ;  lactariue. 

Aconite. 

Ambergris 

Aiiiiato,  roncou,  rocou,  or  Orleans,  and  all  extracts  of 

Balm  of  Gilead. 

Blood,  dried. 

Bones,  crude,  not  manufactured,  burned,  calcined,  ground,  or  steamed. 

Bone  dust  and  bone-ash  for  manufacture  of  phosphate  and  fertilizers. 

Carbon,  animal,  fit  for  fertilizing  only. 

Guano,  manures,  and  all  substances  expressly  used  for  manure. 

Musk,  crude,  in  natural  pod. 

Civit,  crude. 

Cochineal. 

Dyeing  or  tanning  :  Articles  in  a  crude  state  used  in  dyeing  or  tan- 
ning, not  specially  enumerated  or  provided  for  in  this  act. 

Fish-skins. 

Hide-cuttings,  raw,  with  or  without  hair,  and  all  glue-stock. 

Hoofs. 

Horns,  and  partsof  horns,  unmanufactured,  and  horns  strips  and  tips. 

Ipecac. 

Fisli-sounds  or  fish-bladders. 

Leather,  old  scraps. 

Leeches. 

Rennets,  raw  or  prepared. 

Argal,  or  Argol,  or  crude  Tartar. 

Assafoetida. 

Barks,  Cinchona,  or  other  barks,  used  in  the  manufacture  of  quinia. 

Brazil  paste. 

Cami)hor,  crude. 

Cassia,  Cassia  buds.  Cassia  Vera,  unground. 

Charcoal. 

Cinnamon,  and  chips  of,  unground. 

Cloves  and  clove  stems,  unground. 

Cocculus  iudicus. 

Cudbear. 

Curry  and  Curry  i)owder. 

Cutch. 

Dividivi. 

Dragon's  blood. 

Ergot. 


284       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

Gambler. 

Ginger- root,  ungroiiud. 
Indigo  and  artiticial  indigo. 
Iodine,  crude. 
Jalap. 
Kelp. 

Lac  dye,  crude,  seed,  button,  stick,  and  shell. 
Lac  spirits. 

Lemon  juice  and  lime  juice. 
Licorice  root,  unground. 
Litmus,  prepared  or  not  prepared. 
Ma(;e. 

Madder,  and  munjeet  or  Indian  madder,  ground  or  prepared,  and  ex- 
tracts of. 
Manna. 
Myrobolan. 

Orcbil,  or  orchil  liquid. 
Kutmegs. 
Nux  vomica. 
Ottar  of  roses. 
Salaciiie. 

Oils: 
Almond 

Amber,  crude  and  rectified 
Ambergris. 
Anise,  or  anise  seed. 
Aniline,  crude. 
Aspic,  or  spike  lavender. 
Bergamot. 
Cajeput. 
Carraway. 

Cassia  and  cinnamon. 
Cedrat. 
Chamomile. 

Citronella,  or  lemon  grass. 
Civet. 
Fennel. 

Jasmine,  or  jasimine. 
Juglandium. 
Juniper. 
Lavender. 
Lemon. 
Limes. 
Mace. 

Neroli,  or  orange  flower. 
Orange. 

Palm  and  cocoanut. 
Poppy. 

Rosemary  or  antlioss. 
Sesame  or  sesamum-seed,  or  bene. 
Thyme  or  origanum,  red  or  white,  valerian. 
Pepper,  unground,  of  all  kinds. 
Pimento,  unground. 

Saffron  and  safflower,  and  extract  of,  and  saffron  cake. 
Selep,  or  saloup. 
Storax,  or  styrax. 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       285 

Turnieric. 

Tnii)eiitiiie,  Venice. 

Yalonia. 

Vegetable  and  mineral  wax. 

Wood  ashes,  and  lye  of,  and  beet-root  ashes. 

Acids  used  for  medicinal,  chemical,  or  inannfacturing-  purposes,  not 
specially  enumerated  or  provided  for  in  this  act. 

Alizarine,  natural  or  artificial. 

Agates,  unmanufactured. 

Apatite. 

Asbestos,  unmaiuifactured. 

Arsenic. 

Antimony  ore,  crude  sulphide  of. 

Arsenic,  sulphide  of,  or  orpimeut. 

Arseniate  of  aniline. 

Baryta,  carbonate  or  witherite. 

Bauxite. 

Aniline  salts  or  black  salts  and  black  tares. 

Bromine. 

Cadmium. 

Calamine. 

Cerium. 

Cobalt,  as  metallic  arsenic. 

Chalk  and  clitfstone,  unmanufivctured. 

Feldspar. 

Cryolite  or  kryolitb. 

Iridium. 

Kieserite. 

Kyanite  or  cyanite,  and  kainite. 

Lime,  citrate  of. 

Lime,  chloride  of,  or  bleaching  powder. 

Magnesium. 

Magnesite,  or  native  mineral  carbonate  of  magnesia. 

Manganese,  oxide  and  ore  of. 

Mineral  waters,  all  not  aitificial. 

Osmium. 

Palladium. 

Paraffine. 

Phosi)bates,  crude  or  native,  for  fertilizing  purposes. 

Potash,  muriate  of. 

Plaster  of  Paris  or  sulphate  of  lime,  unground. 
Quinia,  sulphate  of,  salts  of.  and  cinchonidia. 
Soda,  nitrate  of,  or  cubic  nitrate. 

Strontia,  oxide  of,  an«l  proto-oxide  of  strontian,  and  strontianite,  or 
mineral  carbonate  of  strontia. 

Sulphur,  or  brimstone,  not  specially  enumerated  or  provided  for  in 
this  act. 

Sulphur  lac  or  precipitated. 
Tripoli. 

Uranium,  oxide  of,  verdigris  or  subacetate  of  coi)per. 
Drugs,  barks,  beans,  berries,  balsams,  buds,  bulbs,  and  bulbous  roots 
and  excresences,  such  as  nut  galls,  fruits,  llowers,  dried  fibers;  grains, 
gums  and  gum-resin;  herbs," leaves,  lichens,  mosses,  nuts,  routs,  and 
stems ;  spices,  vegetables,  seeds  aromatic,  and  seeds  of  morbid  growth ; 
weeds^  woods  used  exi)ressly  for  dyeing,  and  dried  insects — any  of  the 
foregoing,  of  which  are  not  edible  and  are  in  a  crude  state,  and  not 


28G  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

advanced  iu  value  or  condition  b^^  refining  or  grinding,  or  bj-  other 
process  of  manufactare,aud  not  specially  enumerated  or  provided  for  in 
this  act. 

Vaccine  virus. 

Crude  minerals,  not  advanced  in  value  or  condition  by  refining  or 
grinding,  or  by  other  |)rocess  of  manufacture,  not  specially  enumerated 
or  provided  for  in  this  act. 

Sundries. 

Aluminium. 

Amber  beads  and  gum. 

Animals,  brought  into  the  United  States  temporarily,  and  for  a  period 
not  exceeding  six  months,  for  the  purpose  of  exhibition  or  competition 
for  prizes  offered  by  any  agricultural  or  racing  association  ;  but  a  bond 
shall  be  first  given  in  accordance  with  the  regulations. 

Animals,  specially  imported  for  breeding  purposes,  shall  be  admitted 
free  upon  proof  thereof  satisfactory  to  the  Secretary  of  the  Treasury, 
and  under  such  regulations  as  he  may  prescribe;  and  teams  of  animals, 
including  their  harness  and  tackle  and  the  vehicles  or  wagons  actually 
owned  by  persons  emigrating  from  foreign  countries  to  the  United  States 
with  their  families,  and  in  actual  use  for  the  purpose  of  such  emigration, 
shall  also  be  admitted  free  of  duty,  under  such  regulations  as  the  Sec- 
retary of  the  Treasury  may  prescribe. 

Asphaltum  and  bitumen,  crude. 

Arrowroot. 

Articles  imported  for  the  use  of  the  United  States,  provided  that  the 
price  of  the  same  did  not  include  the  duty. 

Bamboo  reeds,  no  further  manufactured  than  cut  into  suitable  lengths 
for  walking  sticks  or  canes,  or  for  sticks  for  umbrellas,  i^arasols,  or  sun- 
shades. 

Bamboo,  unmanufactured. 

Barrels  of  American  manufacture,  exported  filled  with  domestic  pe- 
troleum, and  returned  empty,  under  such  regulations  as  the  Secretary 
of  the  Treasury  may  prescribe,  and  without  requiring  the  filling  of  a 
declaration  at  time  of  export  of  intent  to  return  the  same  empty. 

Articles  the  growth,  produce,  and  manufacture  of  the  United  States, 
when  returned  in  the  same  condition  as  exported.  Casks,  barrels,  car- 
boys, bags,  and  other  vessels  of  American  manufacture,  exported  filled 
with  American  products,  or  exported  empty  and  returned  tilled  with 
foreign  products,  including  shooks  when  returned  as  barrels  or  boxes; 
but  proof  of  the  identity  of  such  articles  shall  be  made  under  regula- 
tions to  be  prescribed  by  the  Secretary  of  the  Treasury ;  and  if  any  of 
such  articles  are  subject  to  internal  tax  at  the  time  of  exportation,  such 
tax  shall  be  proved  to  have  been  paid  before  exportation  and  not  re- 
funded.* 

Bed-feathers  and  downs. 

Bells,  broken,  and  boll  metal  broken  and  tit  only  to  be  remanufactured. 

Birds,  stuflVnl. 

Birds,  and  land  and  water  fowls. 

Bismuth. 

Bladders,  crude,  and  all  integuments  of  animals  not  specially  enumer- 
ated or  i)rovided  for  in  this  act. 

Bologna  sausages. 

Bolting  cloths. 

*  Bags — see  section  7,  act  of  February  8,  Iti75. 


I 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  287 

Books,  etignivinj^s,  bound  or  unbound,  etchings,  maps,  and  charts, 
which  shall  have  been  printed  and  niauufactured  more  than  twenty 
years  at  the  date  of  importation. 

Books,  maps,  and  charts  imported  by  authority  or  for  use  of  the 
United  States  or  for  the  use  of  the  Library  of  Congress  ;  but  the  duty 
shall  not  have  been  included  in  the  contract  of  price  paid. 

Books,  nmps,  and  charts  specially  imported,  not  more  than  two  co]>ies 
in  any  one  invoice,  in  good  faith,  for  the  use  of  any  society  incorporated 
or  established  for  philosophical,  literary,  or  religious  purposes,  or  for  the 
encouragement  of  the  tine  arts,  or  tor  the  use  or  by  order  of  any  college, 
academy,  school,  or  seminary  of  learning-  in  the  United  States. 

Books,  professional,  of  persons  arriving  in  the  United  States. 

Books,  household  ett'ects,  or  libraries,  or  parts  of  libraries,  in  use,  of 
l)ersons  or  families  from  foreign  countries,  if  used  abroad  by  them  not 
less  than  one  year,  and  not  intended  for  any  other  person  or  persons, 
nor  ibr  sale. 

Breccia,  in  blocks  or  slabs. 

Brime. 

Brazil  pebbles  for  spectacles,  and  pebbles  for  spectacles  rough. 

Bullion,  gold  and  silver. 

Burgundy  ])itch. 

Burr  stone,  in  blocks,  rough  or  unmanufactured,  and  not  bound  up 
in  mill  stones 

Cabinets  of  coins,  medals,  and  all  other  collections  of  antiquities. 

Castor  or  castoreum. 

Catgut  strings,  or  gut-cord,  for  musical  instruments. 

Catgut  or  whip-gut,  unmanufactured. 

Coal,  anthracite. 

Coal  stores  of  American  vessels,  but  none  shall  be  unloaded. 

Cobalt,  ore  of. 

Cocoa,  or  cacao,  crude,  and  fiber,  leaves,  and  shells  of. 

Coffee. 

Coins,  gold,  silver,  and  copper. 

Coir  and  coir  yarn. 

Copper,  old,  taken  from  the  bottom  of  American  vessels  compelled 
by  marine  disaster  to  repair  in  foreign  ports. 

Copper,  when  imi)orted  for  the  United  States  Mint. 

Coral,  marine,  unmanufactured. 

Cork- wood,  or  cork-bark,  unmanufactured. 

Cotton. 

Curling-stones,  or  quoits. 

Cuttle-fish  bone. 

l)ianu)nds,  rough  or  uncut,  including  glaziers'  diamonds. 

Diamond  dust  or  bort. 

Dyeing-  or  tanning  articles,  in  a  crude  state,  used  in  dyeing  or  tan- 
ning, not  specially  enumerated  or  provided  for  in  this  act. 

Eggs. 

Esparto  or  Spanish  grass,  and  other  grasses,  and  pulp  of,  for  the 
manufacture  of  paper. 

Emery  ore. 

Fans,  common  palm-leaf. 

Farina. 

Fashion-plates,  engraved  on  steel  or  on  wood,  colored  or  plain. 

Felt,  adhesive,  for  sheathing  vessels. 

Fibiin,  in  all  forms. 

Fire-wood. 


288       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

Fisl),  fresli,  for  itnniediate  coiKsiuDption. 

Kisb,  lor  bait. 

Flint,  Hi 

Fossils. 

Frait -plants,  tropical  and  semi-tropical,  for  the  purpose  of  propaga- 
tion or  cultivation. 

Fruits,  green,  ripe,  or  dried,  not  specially  enumerated  or  provided  for 
in  this  act. 

Furs,  undressed. 

Far-skins  of  all  kinds,  not  dressed  in  any  manner. 

Glass,  broken  pieces,  and  old  glass  which  cannot  be  cut  for  use,  and 
fit  only  to  be  reman ufactured. 

G-lass-pIate  or  disks,  unwrought,  for  use  in  the  manufacture  of  optical 
instruments. 

Goat  skins,  raw. 

Gold-beaters'  molds,  and  gold-beaters'  skins. 

Gold-size. 

Grease,  for  use  as  soap-stock  only,  not  specially  enumerated  or  pro- 
vided for. 

Gunny  bags,  and  gunny  cloth,  old  or  refuse,  fit  only  for  remanufact- 
uring. 

Gut,  and  woim  gut,  manufactured  or  unmanufactured. 

Guts,  salted 

Gutta  percha,  crude. 

Hair,  horse  or  cattle,  and  hair  of  all  kinds,  cleaned  or  uncleaned, 
drawn  or  undrawn,  but  unmanufactured,  not  specially  enumerated  or 
provided  for  in  this  act;  of  hogs,  curled  for  beds  and  mattresses,  and 
not  fit  for  bristles. 

Hide  rope. 

Hides,  raw  or  uncured,  whether  dry,  salted,  or  pickled,  and  skins, 
except  shee|>-skins  with  the  wool  on,  Angora  goat  skins,  raw,  without 
the  wool,  unmanufactured,  asses'  skins,  raw  or  unmanufactured. 

Hones  and  whetstones. 

Hop-roots,  for  cultivation 

Hop-noles. 

Ice. 

India-rubber,  crude,  and  milk  of. 

India-malacca  joints,  not  further  manufactured  than  cut  into  suitable 
lengths  for  the  manufactures  into  which  they  are  intended  to  be  con- 
verted. 

Ivory,  and  vegetable  ivory,  unmanufactured. 

Jet,  unmanufactured. 

Joss-stick,  or  joss  light. 

Junk,  old. 

Lava,  unmanufactured. 

Life-boats  and  life  saving  apparatus,  specially  imported  by  societies 
incorporated  or  established  to  encourage  the  saving  of  human  life. 

Lithographic  stones,  not  engraved. 

Loadstones. 

Logs,  and  round,  unmamifactured  timber,  not  specially  enumerated 
or  provided  for  in  this  act,  ami  ship  timber,  and  ship  planking. 

Maccaroni  and  vermicelli. 

Magnets. 

Manuscri])ts. 

Marrow,  crude. 

Marsh-mallows. 

Medals  of  gold,  silver,  or  copper. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  289 

Meerschaum,  crude  or  raw. 

Mica  and  mica  waste. 

Models  of  iuventious  and  other  improvements  in  the  arts  ;  but  no 
article  or  articles  shall  be  deemed  a  model  or  improvements  which  can 
be  fitted  for  use. 

Moss,  sea- weeds,  and  all  other  vegetable  substances  usedfor  beds 
and  mattresses. 

Newspai)ers  and  periodicals. 

Nuts,  cocoa,  and  Brazil  or  cream. 

Oakum. 

Oil-cake 

Oil,  spermaceti,  whale,  and  other  fish  oils  of  American  fisheries,  and 
all  other  articles  the  produce  of  such  fisheries. 

Olives,  green  or  prei)ared. 

Orange  and  lemon  peel,  not  preserved,  candied,  or  otherwise  pre- 
pared. 

Ores,  of  gold  and  silver. 

Palm  nuts  and  palm-nut  kernels. 

Paper- stock,  crude,  of  every  description,  including  all  grasses,  fibers, 
rags  of  all  kinds,  other  than  wool,  waste,  shavings,  clippings,  old 
paper,  sope  ends,  waste  rope,  waste  bagging,  gunny  bags,  gunny  cloth, 
old  or  refuse,  to  be  used  in  making,  and  fit  only  to  be  converted  into 
paper,  and  unfit  for  any  other  manufacture,  and  cotton  waste,  whether 
for  paper  stock  or  other  purposes. 

Parchment. 

Pearl,  mother  of. 

Personal  and  household  eifects,  not  merchandise,  of  citizens  of  the 
United  States  dying  abroad. 

Pewter  and  britaunia  metal,  old  and  fit  only  to  be  remanufactured. 

Philosophical  and  scientific  apparatus,  instruments,  and  preparations, 
statuary,  casts  of  marble,  bronze,  alabaster,  or  plaster  of  Paris,  paint- 
ings, drawings,  and  etchings,  specially  imported  in  good  faith  for  the 
use  of  any  society  or  institution  incorporated  or  established  for  relig- 
ious, philosophical,  educational,  scientific,  or  literary  purposes,  or  en- 
couragement of  the  fine  arts,  and  not  intended  for  sale. 

Plants,  trees,  shrubs,  and  vines  of  all  kinds  not  otherwise  provided 
for,  and  seeds  of  all  kinds,  except  medicinal  seeds  not  specially  enumer- 
ated or  provided  for  in  this  act. 

Plants,  trees,  shrubs,  roots,  seed  cane,  and  seeds  im])orted  by  the 
Department  of  Agriculture  or  the  United  States  Botanical  Garden. 

Platina,  unmanufactured. 

Platinum,  unmanufactured,  and  vases,  retorts,  and  other  apparatus, 
vessels,  and  parts  thereof,  for  chemical  uses. 

Plumbago. 

Polishing  stones. 

Puln. 

Pumice  and  pumice  stone. 

Quills,  prepared  or  unprepared. 

Kailroad  ties,  of  wood 

Pattans  and  reeds,  unmanufactured. 

Regalia  and  gems,  statues,  statuary,  and  specimens  of  sculpture, 
where  specially  iu) ported  in  good  faith  for  the  use  of  any  society  incor- 
porated or  established  for  pliilosophical,  literary,  or  religious  purposes, 
or  for  the  encouragement  of  the  line  arts,  or  for  the  use  or  by  order  of 
any  college,  academy,  school,  seminary  of  learning,  or  ])ublic  library  iu 
the  United  States. 

H.  Mis.  391 19 


290       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

lioot- flour. 

Kotten  stoue. 

Sago,  sago  crude,  and  sago  flour. 

Saur-kraut. 

Sausage-skins. 

Sea-weed,  uot  otherwise  provided  for. 

Seed  of  the  sugar  beet. 

Shark  skins. 

Shells  of  every  description,  uot  manufactured 

Shingle-bolts  and  stave  bolts,  provided  that  heading  bolts,  shall  be 
held  and  construed  to  be  included  under  the  term  stave  bolts. 

Handle-bolts. 

Shrimps,  or  other  shell  fish. 

Silk,  raw,  or  as  reeled  from  the  cocoon,  but  not  doubled,  twisted,  or 
advanced  in  manufacture  in  any  way. 

Silk  cocoons  and  silk  waste. 

Silk-worms'  eggs. 

Skeletons,  and  other  preparations  of  anatomy. 

Skins,  dried,  salted  or  pickled. 

Snails. 

Soap-stocks. 

Sodium. 

Sparterre,  for  making  or  ornamenting  hats. 

Specimens  of  natural  history,  botany,  and  mineralogy,  when  imported 
for  cabinets,  or  as  objects  of  taste  or  science,  and  not  for  sale. 

Spunk, 

Spurs  and  stilts,  used  in  the  manufacture  of  earthen,  stone,  or  crock- 
ery ware. 

Straw,  unmanufactured. 

Sugar  of  milk. 

Sweei)ings  of  silver  and  gold. 

Tamarinds. 

Tapioca,  cassava,  or  cassada. 

Tea. 

Tea  plants. 

Teasels. 

Teeth,  unmanufactured. 

Terra  alba,  aluminous. 

Terra  japonica. 

Tin  ore,  bars,  blocks,  or  pigs,  grain  or  granulated. 

Touquin,  Tonqua  or  Tonka  beans. 

Tortoise  and  other  shells,  unmanufactured. 

Turtles. 

Types,  old,  and  fit  only  to  be  remanufactured. 

Umbrella  sticks,  crude,  to  wit,  all  partridge,  hair  wood,  pimento, 
orange,  myrtle,  and  all  other  sticks  and  canes  in  the  rough,  or  no  fur- 
ther manufactured  than  cut  into  lengths  suitable  for  umbrella,  parasol, 
or  sunshade  sticks  or  walking-canes. 

Yellum. 

Wafers,  unmedicated. 

Wearing  apparel,  in  actual  use,  and  other  personal  effects  (uot  mer- 
cbandise),  professional  books,  implements,  instruments,  and  tools  of 
trade,  occupation,  or  employment  of  persons  arriving  in  the  United 
States.  But  this  exemption  shall  not  be  construed  to  include  machinery 
or  other  articles  imported  for  use  in  any  manufacturing  establishment, 
or  for  sale. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  291 

Whalebone,  unmanufactured. 

Woods,  poplar,  or  other  woods,  for  the  manufacture  of  paper. 

Woods,  namely,  cedar,  liguum-vitic,  lancewood,  ebony,  box,  grana- 
dilla,  mahogany,  rosewood,  satinwood,  and  all  cabinet  woods,  unmanu- 
factured. 

Works  of  art,  painting,  statuary,  fountains,  aud  other  works  of  art, 
the  production  of  American  artists.  J^ut  the  fact  of  such  ])roduction 
must  be  verified  by  the  certificate  of  a  consul  or  minister  of  the  United 
States  indorsed  upon  the  written  declaration  of  the  artist ;  i)aiutings, 
statuary,  fountains,  and  other  works  of  art,  imported  expressly  for  the 
presentation  to  national  institutions,  or  to  any  State,  or  to  any  municipal 
corporation,  or  religious  corporation  or  society. 

Yams. 

Zafter. 

Sec.  2504  [2507].  Whenever  any  vessel  laden  with  merchandise  in 
whole  or  in  part  subject  to  duty  has  been  sunk  in  any  river,  harbor, 
bay,  or  waters  subject  to  the  jurisdiction  of  the  United  States,  and  within 
its"^ limits,  for  the  period  of  two  years,  and  is  abandoned  by  the  owuer 
thereof,  any  person  who  may  raise  snch  vessel  shall  be  permitted  to 
bring  any  merchandise  recovered  therefrom  into  the  port  nearest  to  the 
place  where  such  vessel  was  so  raised,  free  from  the  payment  of  any 
duty  thereupon,  aud  without  being  obliged  to  enter  the  same  at  the  cus- 
tom-house :  bnt  under  such  regulations  as  the  Secretary  of  the  Treasnry 
mav  prescribe. 

Sec.  2505.— The  produce  of  the  forests  of  the  State  of  Maine  upon  the 
Saint  John  River  aud  its  tributaries,  owned  by  American  citizens,  and 
sawed  or  hewed  in  theProviuceof  New  Brunswick  by  American  citizens, 
the  same  being  uuraauutactured  in  whole  or  in  part,  which  is  now  ad- 
mitted into  the  ports  of  the  United  States  free  of  duty,  shall  continue 
to  be  so  admitted  under  such  regulations  as  the  Secretary  of  the  Treas- 
ury- shall,  from  time  to  time  prescribe. 

Sec.  250G.— The  produce  of  the  forests  of  the  State  of  Maine  upon  the 
Saint  Croix  River  and  its  tributaries,  owned  by  American  citizens,  and 
sawed  in  the  Province  of  New  Brunswick  by  American  citizens,  the 
same  being  uumanufoctured  in  whole  or  in  part,  and  having  paid  the 
same  taxes  as  other  American  lumber  on  that  river,  shall  be  admitted 
into  the  ports  of  the  United  States  free  of  duty,  under  such  regulations 
as  the  Secretarv  of  the  Treasury  shall  from  time  to  time,  prescribe. 
[2509.] 

Sec.  2507.— Machinery  for  repair  may  be  imported  into  the  United 
States  without  payment  of  duty,  under  bond,  to  be  given  in  double  the 
appraised  value  thereof,  to  be  withdrawn  and  exported  after  said  ma- 
chinery shall  have  been  repaired  ;  and  the  Secretary  of  the  Treasury  is 
authorized  and  directed  to  prescribe  such  rules  and  regulations  as  may 
be  necessary  to  protect  the  revenue  against  fraud,  and  secure  the  iden- 
titv  and  character  of  all  such  importations  when  again  withdrawn  aud 
exported,  restricting  and  limiting  the  export  and  withdrawal  to  the 
same  port  of  entry  where  imported,  and  also  limiting  all  bonds  to  a 
period  of  time  of  not  more  than  six  mouths  from  the  date  of  the  impor- 
tation.    [2511.] 

Sec.  2508.— All  paintings,  statuary,  and  photographic  pictures  im- 
ported into  the  United  States  for  exhibition  by  any  association  duly 
authorized  under  the  laws  of  the  United  States,  or  of  any  State,  for  the 
promotion  and  encouragement  of  science,  art,  or  industry,  and  not  in- 
tended for  sale,  snail  be  admitted  free  of  duty,  under  such  reguia lions 
as  the  Secretary  of  the  Treasury  shall  prescribe.     But  bonds  shall  be 


292  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

given  for  the  payment  to  the  Uuited  States  of  such  duties  as  ma.y  be 
imposed  by  law  upon  any  and  all  of  such  articles  as  shall  not  be  re- 
exported within  six  mouths  after  such  importation. 

Sec.  2509. — All  works  of  art,  collections  in  illustration  of  the  progress 
of  the  arts,  science,  or  manufactures,  photographs,  works  in  terra-cotta, 
Parian,  pottery,  or  porcelain,  and  artistic  copies  of  antiquities  in  metal 
or  other  material,  hereafter  imported  in  good  faith  for  permanent  exhi- 
bition at  a  fixed  place  by  any  society  or  institution  established  for  the 
encouragement  of  the  arts  or  science,  and  not  intended  for  sale,  nor  for 
any  other  purpose  than  is  hereinbefore  expressed,  and  all  such  articles, 
imported  as  aforesaid,  now  in  bond,  and  all  like  articles  imported  in 
good  faith  by  any  society  or  association  for  the  purpose  of  erecting  a 
pnblic  monument,  and  not  for  sale,  shall  be  admitted  free  of  duty,  under 
such  regulations  as  the  Secretary  of  the  Treasury  may  prescribe:  Pro- 
vided,  That  the  parties  importing  articles  as  aforesaid  shall  be  required 
to  give  bonds,  with  suflicient  sureties,  under  such  rules  and  regulations 
as  the  Secretary  of  the  Treasnry  may  prescribe,  for  the  payment  of 
lawful  duties  which  may  accrue  should  any  of  the  articles  aforesaid  be 
sold,  transferred,  or  used  contrary  to  the  provisions  and  intent  of  this 
act.     [2512.] 

Sec.  2510. — All  lumber,  timber,  hemp,  manila,  wire  rope,  and  iron  and 
steel  rods,  bars,  spikes,  nails,  and  bolts,  and  copper  and  composition 
metal  which  may  be  necessary  for  the  construction  and  equipment  of 
vessels  built  in  the  United  States  for  foreign  account  and  ownership  or 
for  the  purpose  of  being  employed  in  the  foreign  trade,  including  the 
trade  between  the  Atlantic  and  Pacific  ports  of  the  United  States,  after 
the  passage  of  this  act,  may  be  imported  in  bond  under  such  fegula- 
tions  as  the  Secretary  of  the  Treasury  may  prescribe;  and  uj^on  proof 
that  such  materials  have  been  used  for  snch  purpose,  no  duties  shall  be 
paid  thereon.  But  vessels  receiving  the  benefit  of  this  section  shall 
not  be  allowed  to  engage  in  the  coastwise  trade  of  the  United  States 
more  than  two  months  in  any  one  year,  except  upon  the  payment  to  the 
United  States  of  the  duties  on  which  a  rebate  is  herein  allowed  : 
Provided,  That  vessels  built  in  the  United  States  for  foreign  account 
and  ownership  shall  not  be  allowed  to  engage  in  the  coastwise  trade  of 
the  United  States.     [2513.] 

Sec.  2511. — All  articles  of  foreign  production  needed  for  the  repair  of 
American  vessels  engaged  exclusively  in  foreign  trade  may  be  with- 
drawn from  bonded  warehouses  free  of  duty,  nnder  such  regulations  as 
the  Secretary  of  the  Treasury  may  prescribe.     [2514.] 

Sec.  2512. — That  no  duty  shall  be  levied  or  collected  on  the  importa- 
tion of  peltries  brought  into  the  Territories  of  the  United  States  by 
Indians,  nor  on  the  proper  goods  and  elfects,  of  whatever  nature,  of 
Indians  passing  or  repassing  the  boundary -line  aforesaid,  unless  the 
game  be  goods  in  bales  or  other  large  packages  unusual  among  Indians, 
which  shall  not  be  considered  as  goods  belonging  to  Indians,  nor  be  en- 
titled to  the  exemption  from  duty  aforesaid.     [2515.] 

*  Sec.  2513. — There  shall  belevied,  collected,  and  paid  on  the  importa- 
tion of  all  raw  or  unmanufactured  articles,  not  herein  enumerated  or 
provided  for,  a  duty  of  ten  per  centum  ad  valorem  ;  and  all  articles 
manufactured,  in  whole  or  in  part,  not  herein  enumerated  or  provided 
for,  a  duty  of  twenty  per  centnm  ad  valoroni 

Sec.  7. — That  sections  twenty-nine  hundred  and  seven  and  twenty-nine 
hundred  and  eight  of  the  Eevised  Statutes  of  the  United  States  and 

*  Sections  2513  and  2514  become  2510  ami  2511  in  new  law. 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       293 

section  foiirteeu  of  the  act  entitled  "An  act  to  amend  the  cnstoms  rev- 
enue laws,  and  to  repeal  nioities,"  approved  June  twenty-second, 
eighteen  hundred  and  seventy-four,  be,  and  the  same  are  hereby,  re- 
pealed, and  hereafter  none  of  the  charges  imposed  by  said  sections  or 
any  other  provisions  of  existing  law  shall  be  estimated  in  ascertaining 
the  value  of  goods  to  be  imported,  nor  shall  the  value  of  the  usual  and 
necessary  sacks,  crates,  boxes,  or  covering,  of  any  kind  be  estimated  as 
part  of  their  value  in  determining  the  amount  of  duties  for  which  they 
are  liable:  Provided,  That  if  any  packages,  sacks,  crates,  boxes,  or  cov- 
erings of  any  kind  shall  be  of  any  material  or  form  designed  to  evade 
duties  thereon,  or  designed  for  use  otherwise,  than  in  the  bona  fide 
transportation  of  goods  to  the  United  States,  the  same  shall  be  subject 
to  a  duty  of  one  hundred  per  centum  ad  valorem  upon  the  actual  value 
of  the  same. 

Sec.  8.— That  section  twenty-eight  hundred  and  forty-one  of  the 
Revised  Statutes  of  the  United  States  is  hereby  amended  and  shall  on 
and  after  the  first  day  of  July,  eighteen  hundred  and  eighty-three,  be 
as  follows : 

Sec.  2841.— Whenever  merchandise  imported  into  the  United  States  is 
entered  by  invoice,  one  of  the  following  oaths,  according  to  the  nature  of 
the  case,  shall  be  administered  by  the  collector  of  the  i)ort,  at  the  time 
of  entry,  to  the  owner,  imi)orter,  consignee,  or  agent :  Provided,  That  if 
any  of  the  invoices  or  bills  of  lading  of  any  merchandise  imported  in 
said  vessel,  which  should  otherwise  be  embraced  in  said  entry,  have 
not  been  received  at  the  date  of  the  entry,  the  affidavit  may  state  the 
fact,  and  thereupon  such  merchandise  of  which  the  invoices  or  bills  of 
lading  are  not  produced  shall  not  be  included  in  such  entry,  but  may 
be  entered  subsequently. 

OATH   OF   CONSIGNEE,   IMPORTER,   OR   AGENT. 

I. do  solemnly  and  truly  swear  (or  affirm)  that  the  in- 
voice and  bill  of  lading  now  presented  by  me  to  the  collector  of — 

are  the  true  and  only  invoice  and  bill  of  lading  by  me  received,  of  goods, 

■wares,  and  merchandise  imported  in  the ,  whereof 

is  master,  from ,  for  account  of  any  person  whomsoever  for 

whom  I  am  authorized  to  enter  the  same;  that  the  said  invoice  and 
bill  of  lading  are  in  the  state  in  which  they  were  actually  received  by 
me,  and  that  I  do  not  know  nor  believe  in  the  existence  of  any  other  in- 
voice or  bill  of  lading  of  the  said  goods,  wares,  and  merchandise;  that 
the  entry  now  delivered  to  the  collector  contains  a  Just  and  true  account 
of  the  said  goods,  wares,  and  merchandise,  according  to  the  said  invoice 
and  bill  of  lading;  that  nothing  has  been,  on  my  part,  nor  to  mv  knowl- 
edge, on  the  part  of  any  other  i)erson,  concealed  or  suppressed,  whereby 
the  United  States  may  be  defrauded  of  any  i)art  of  the  duty  lawfully 
due  on  the  said  goods,  wares,  and  merchandise;  that  the  said  invoice 
and  the  declaration  therein  are  in  all  respects  true,  and  were  made  by 
the  person  by  whom  the  same  ])nrports  to  have  been  made,  an<l  that  if, 
at  any  time  hereafter,  I  discover  any  error  in  the  said  invoice,  or  in  the 
account  now  rendered  of  the  said  goods,  wares,  and  merchandise,  or  re- 
ceive any  other  invoice  of  the  same,  I  will  immediately  make  the  same 
known  to  the  collector  of  this  district.  And  i  do  further  solemnly  and 
truly  swear  (or  aliirm)  that,  to  the  best  of  my  knowledge  and  belief  (in- 
sert" the  name  and  residence  of  the  owner  or  owners),  is  (or  are)  the 
owner  (or  owners)  of  the  goods,  wares,  and  merchandise  mentioned  in 
that  the  invoice  now  produced  by  me  exhibits  the 


294  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

actual  cost  (if  purchased)  or  fair  market  value  (if  otherwise  obtained) 
at  the  time  or  times  and  ph^ce  or  phices  when  or  where  procured  (as 
the  case  may  be),  of  the  said  goods,  wares,  and  merchandise,  including 
all  cost  for  tinishiug  said  goods,  wares,  and  merchandise  to  their  pres- 
ent condition,  and  no  other  or  difterent  discount,  bounty,  or  drawback 
but  such  as  has  been  actually  allowed  on  the  same. 

OATH  OF  OWNER  IN  CASES  WHERE  MERCHANDISE  HAS  BEEN  ACTU- 
ALLY PURCHASED. 

I, ,  do  solemnly  and  truly  swear  (or  affirm)  that  the 

entry  now  delivered  by  me  to  the  collector  of contains  a  just 

and  true  account  of  the  goods,  wares,  and  merchandise  imported  by  or 

consigned   to   me,  in    the ,  whereof is   master 

;  that  the  invoice  which  I  now  produce  contains  a  just  and 

faithful  account  of  the  actual  cost  of  the  said  goods,  wares,  and  mer- 
chandise, including  all  cost  of  finishing  said  goods,  wares,  and  merchan- 
dise to  their  present  condition,  and  no  other  discount,  drawback,  or 
bounty  but  such  as  has  been  actually  allowed  on  the  same ;  that  I  do 
not  know  or  believe  in  the  existence  of  any  invoice  or  bill  of  lading 
other  than  those  now  produced  by  me,  and  that  they  are  in  the  state  iu 
which  I  actually  received  them.  And  1  farther  solemnly  and  truly 
swear  (or  affirm)  that  I  have  not  in  the  said  entry  or  invoice  concealed 
or  suppressed  anything  whereby  the  United  States  may  be  defrauded 
of  any  part  of  the  duty  lawfully  due  on  the  said  goods,  wares,  and 
merchandise ;  that  the  said  invoice  and  the  declaration  thereon  are  iu 
all  respects  true,  and  were  made  by  the  person  by  whom  the  same  pur- 
ports to  have  been  made,  and  that  if  at  any  time  hereafter  I  discover 
any  error  in  the  said  invoice  or  in  the  account  now  produced  of  the  said 
goods,  w^ares,  and  merchandise,  or  receive  any  other  invoice  of  the  same, 
I  will  immediately  make  the  same  known  to  thecoliector  of  this  district. 

OATH   OF   3IANT"FACTURER   OR   OWNER    IN    CASES  WHERE     MERCHAN- 
DISE  HAS   NOT   BEEN   ACTUALLY   PURCHASED. 

-,  do  solemnly  and  truly  swear  (or  affirm)  that  the  en- 


try now  delivered  by  me  to  the  collector  of contains  a  just  and 

true  account  of  goods,  wares,  and  merchandise  imported  by  or  con- 
signed to  me   in  the  ,  whereof is  master,  from 

;  that  the  said  goods,  wares,  and  merchandise  were  not  actually 

bought  by  me,  or  by  my  agent,  in  the  ordinary  mode  of  bargain  and 
sale,  but  that,  nevertheless,  the  invoice  which  I  now  produce  contains 
a  just  and  faithful  valuation  of  the  same,  at  their  fair  market  value,  at 
the  time  or  times  and  place  or  places  when  and  where  procured  for  my 
account  (or  for  account  of  myself  or  partners) ;  that  the  said  invoice 
contains  also  a  just  and  faithful  account  of  all  the  cost  for  finishing  said 
goods,  wares,  aiul  merchandise  to  their  present  condition,  and  no  other 
discount,  drawback  or  bounty  but  such  as  has  been  actually  allowed  on 
the  said  goods,  wares,  and  merchandise;  that  the  said  invoice  and  the 
declaration  thereon  are  in  all  respects  true,  and  were  made  by  the  per- 
son by  whom  the  same  pniports  to  have  been  made;  that  I  do  not  know 
nor  believe  in  the  existence  of  any  invoice  or  bill  of  lading  other  than 
those  now  produced  by  me,  and  that  they  are  iu  the  state  in  which  I 
actually  received  them.  And  I  do  further  solemnly  and  truly  swear 
(or  affirm)  that  I  have  not  in  the  said  entry  or  invoice  concealed  or  sup- 
pressed anything  whereby  the  United  States  may  be  defrauded  of  any 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  295 

liart  of  the  duty  lawfully  due  on  tbe  said  goods,  wares,  and  merchan- 
dise, and  that  if  at  any  time  hereafter  I  discover  any  error  in  the  said 
invoice,  or  in  the  account  now  produced  of  the  said  goods,  wares,  and 
merchandise,  or  receive  any  other  invoice  of  the  same,  I  will  immedi- 
ately make  the  same  known  to  the  collector  of  this  district. 

Sec.  9.  If  upon  the  appraisal  of  imported  goods,  wares,  jud  merchan- 
dise, it  shall  appear  that  the  true  and  actual  market  value  and  whole- 
sale price  thereof,  as  provided  by  law,  cannot  be  ascertained  to  the 
satisfaction  of  the  appraiser,  whether  because  such  goods,  wares,  and 
merchandise  be  consigned  for  sale  by  the  manufacturer  abroad  to  his 
agent  in  the  United  States,  or  for  any  other  reason,  it  shall  then  be 
lawful  to  appraise  the  same  by  ascertaining  the  cost  or  value  of  the 
materials  composing  such  merchandise,  at  the  time  and  place  of  man- 
ufacture, together  with  the  expense  of  manuftieturing,  preparing,  and 
putting  up  such  merchandise  for  shipment,  and  in  no  case  shall  the 
value  of  such  goods,  wares,  and  merchandise  be  appraised  at  less  than 
the  total  cost  or  value  thus  ascertained. 

Sec.  10.  That  all  imported  goods,  wares,  and  merchandise  which  may 
be  in  the  public  stores  or  bonded  warehouses  on  the  day  and  year  when 
this  act  shall  go  into  eifect,  except  as  otherwise  provided  in  this  act, 
shall  be  subjected  to  no  other  duty  upon  the  entry  thereof  for  consump- 
tion than  if  the  same  were  imported  respectively  after  that  day;  and 
all  goods,  wares,  and  merchandise  remaining  in  bonded  warehouses  on 
the  day  and  year  this  act  shall  take  effect,  and  upon  which  the  duties 
shall  have  been  paid,  shall  be  entitled  to  a  refund  of  the  difference,  be- 
tween the  amount  of  duties  paid  and  the  amount  of  duties  said  goods, 
wares,  and  merchandise  would  be  subject  to  if  the  same  were  imported 
respectively  after  that  date. 

Sec.  11.  Xothing  in  this  act  shall  in  any  way  change  or  impair  the 
force  or  effect  of  any  treaty  between  the  United  States  and  any  other 
government,  or  any  laws  passed  in  pursuance  of  or  for  the  execution  of 
any  such  treaty,  so  long  as  such  treaty  shall  remain  in  force  in  respect 
of  the  subjects  embraced  in  this  act;  but  whenever  any  such  treaty,  so 
far  as  the  same  respects  said  subjects,  shall  expire  or  be  otherwise  ter- 
minated, the  provisions  of  this  act  shall  be  in  force  in  all  respects  in  the 
same  manner  and  to  the  same  extent  as  if  no  such  treaty  had  existed  at 
the  time  of  the  passage  hereof. 

Sec.  12.  That  in  respect  of  all  articles  mentioned  in  Schedule  E  of 
section  six  of  this  act,  this  act  shall  take  effect  on  and  after  the  first  day 
of  June,  anno  Domini  eighteen  hundred  and  eighty-three. 

Sec.  13.  That  the  repeal  of  existing  laws  or  modifications  thereof  em- 
braced in  this  act  shall  not  affect  any  act  done,  or  any  right  accruing 
or  accrued,  or  any  suit  or  proceeding  had  or  commenced  in  any  civil 
cause,  before  the  said  repeal  or  modifications;  but  all  rights  and  liabil- 
ities under  said  laws  shall  continue  and  may  be  enforced  in  the  same 
manner  as  if  said  repeal  or  modifications  had  not  been  made,  nor  shall 
said  repeal  or  modifications  in  any  manner  affect  the  right  to  any  office, 
or  change  the  term  or  tenure  thereof.  Any  oftenses  committed,  and  all 
penalties  or  forfeitures  or  liabilities  incurred  umler  any  statute  eml)raeed 
in  or  changed,  modified,  or  repealed  by  this  act  may  be  prosecuted  and 
punished  in  the  same  manner  and  with  the  same  ellect  as  if  this  act  had 
not  been  passed.  All  acts  of  limitation,  whether  applicable  to  civil 
causes  and  proceedings  or  to  the  prosecution  of  oftenses  or  for  the  re- 
covery of  penalties  or  forfeitures  embraced  in  or  modified,  changed  or 
repealed  by  this  act.  shall  not  be  aftected  thereby ;  and   all   suits,  j)ro- 


296       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

or  acts  done  or  committed  prior  to  the  passage  of  this  act,  may  be  com- 
menced and  prosecuted  within  the  same  time  and  with  the  same  effect 
as  if  this  act  had  not  been  passed. 
Approved,  March  3,  1883. 


SHIPPING  ACT   OF   JUNE   26,  1884. 
(See  Drawbacks.) 

Seo.  16.  All  articles  of  foreign  production  needed,  and  actually  with- 
drawn from  bonded  warehouses,  for  supplies  not  including  equipment 
of  vessels  of  the  United  Stated  engaged  in  the  foreign  trade,  including 
the  trade  between  the  Atlantic  and  Pacific  ports  of  the  United  States, 
may  be  so  withdrawn  free  of  duty,  under  such  regulations  as  the  Secre- 
tary of  the  Treasury  may  prescribe. 

Sec.  17.  When  a  Vessel  is  built  in  the  United  States  for  foreign  ac- 
count, wholly  or  partly  of  foreign  materials  on  which  import  duties 
have  been  paid,  there  shall  be  allowed  on  such  vessel,  when  exj^orted,  a 
drawback  equal  in  amount  to  the  duty  paid  on  such  materials,  to  be 
ascertained  under  such  regulations  as  may  be  prescribed  by  the  Secre- 
tary of  the  Treasury.  Ten  per  centum  of  the  amount  of  such  drawback 
so  allowed  shall,  however,  be  retained  for  the  use  of  the  United  States 
by  the  collector  paying  the  same. 


2.— COLLECTION  OF  DUTIES. 

COLLECTION-DISTRICTS,    POETS,   AND   OFFICERS.* 
(Revised  Statutes,  Title  XXXIV,  chap.  1.) 

Sec.  25L7.  There  shall  be  in  the  State  of  Maine  fourteen  collection- 
districts,  as  follows : 

First.  The  district  of  Aroostook;  to  comprise  the  county  of  Aroos- 
took as  bounded  on  the  twenty-second  day  of  February,  eighteen  hun- 
dred and  sixty-nine  ;  in  which  Houlton  shall  be  the  only  port  of  entry. 

Second.  The  district  of  Passamaq noddy ;  in  which  Eastport  shall  be 
a  port  of  entry  and  delivery,  and  the  towns  of  Calais,  Pembroke,  and 
Eobbinston  ports  of  delivery. 

Third.  The  district  of  Machias;  in  which  Machias  shall  be  the  port 
of  entry. 

Fourth.  The  district  of  Frenchman's  Bay ;  in  which  Ellsworth  shall 
be  the  port  of  entry,  and  Union  River  the  port  of  delivery. 

Fifth.  The  district  of  Castiue  ;  in  which  Castine  shall  be  the  port  of 
entry,  and  Blue  Hill,  Deer  Island,  and  Bucksport  ports  of  delivery. 

Sixth.  The  district  of  Bangor;  to  comprise  the  counties  of  Penobscot 
and  Piscataquis,  and  the  town  of  Frankfort,  in  rhe  county  of  Waldo,  as 
they  were  bounded  on  the  third  day  of  March,  eighteen  hundred  and 
forty  seven  ;  in  which  Bangor  shall  be  the  port  of  entry  and  delivery, 
and  Frankfort  and  Hampden  ports  of  delivery. 


*See  sec.  253,  relative  to  discontinuance  of  ports  of  delivery;  also  sees.  5314-5321 
and  Title  LVIII. 


NAVIGATION   LAWS    OF    THE    UNITED    STATES.  297 

Seventh,  The  district  of  Belfast;  to  comprise  all  the  ports  and  har- 
bors on  the  western  shore  of  the  Penobscot  Bay  and  Kiver  from  the 
town  of  Frankfort,  as  bounded  on  the  third  day  of  March,  eighteen  hun- 
dred and  forty-seven,  to  and  including  the  town  of  Camden,  as  bounded 
on  the  twentieth  day  of  April,  eighteen  hundred  and  eighteen,  and  the 
towns  of  Yinalhaveu,  North  Haven,  and  Islesborough,  as  bounded  on 
the  third  day  of  March,  eighteen  hundred  and  forty-nine ;  in  which  Bel- 
fast shall  be'the  port  of  entry,  and  Prospect,  Yinalhaven,  North  Haven, 
and  Camden  ports  of  delivery. 

Eighth.  The  district  of  Waldoborough ;  to  comprise  all  the  waters 
and  shores  from  the  town  of  Camden,  as  bounded  on  the  twentieth  day 
of  April,  eighteen  hundred  and  eighteen,  to  the  middle  of  Damariscotta 
Eiver ;  in  which  Waldoborough  shall  be  the  port  of  entry,  and  Bristol, 
Nobleborough,  Warren,  Thomaston,  Cushing,  and  Saint  George  ports 
of  delivery. 

Ninth.  The  district  of  Wiscasset;  in  which  Wiscasset  shall  be  the 
port  of  entrv,  and  Booth  Bay  and  Alna  ports  of  delivery. 

Tenth.  The  district  of  Bath  ;  in  which  Bath  shall  be  the  port  of  entry, 
and  Hallowell,  Pittston,  Georgetown,  Bowdoinham,  Gardiner,  and  Rich- 
mond, ports  of  delivery. 

Eleventh.  The  district  of  Portland  and  Falmouth;  in  which  Portland 
shall  be  the  port  of  entry,  and  North  Yarmouth,  Brunswick,  Freeport, 
and  Harpswell  ports  of  delivery. 

Twelfth.  The  district  of  Saco;  in  which  Scarborough  shall  be  a  port 
of  deliverv. 

Thirteenth.  The  district  of  Keunebunk ;  to  comprise  the  towns  of 
Wells  and  Kenuebunk,  and  Kennebunk  Port,  and  all  the  shores  and 
waters  thereof;  in  which  Kennebunk  shall  be  the  port  of  entry,  and 
Wells  and  Kennebunk  Port  ports  of  delivery. 

Fourteenth.  The  district  of  York;  in  which  York  shall  be  the  port  of 
entrv. 

Sec.  2518.  There  shall  be  in  the  collection-districts  in  the  State  of 
Maine  the  following  officers: 

First.  In  the  district  of  Aroostook,  a  collector,  who  shall  reside  at 
Houlton. 

Second.  In  the  district  of  Passamaquoddy,  a  collector,  who  shall  re- 
side at  Eastport,  a  deputy  collector  to  reside  at  the  port  of  Calais,  and 
at  Eastport  a  surveyor,  to  be  called  the  surveyor  of  Eastport  and  the 
district  of  Passamaquoddy. 

Third.  In  the  district  of  Machias,  a  collector,  who  shall  reside  at 
Machias. 

Fourth.  In  the  district  of  Frenchman's  Bay,  a  collector,  who  shall  re- 
side at  Ellsworth. 

Fifth.  In  the  district  of  Castine,  a  collector,  who  shall  reside  at  Cas- 
tine. 

Sixth.  In  the  district  of  Bangor,  a  collector  [who  shall  reside  at  Ban- 
gor] and  a  deputy  collector,  who  shall  reside  at  Frankfort. 

Seventh.  In  the  district  of  Belfast,  a  collector,  who  shall  reside  at 
Belfast. 

Eighth.  In  the  district  of  Waldoborough,  a  collector,  who  shall  reside 
at  Waldoborough. 

Ninth.  In  the  district  of  Wiscasset,  a  collector,  who  shall  reside  at 
Wiscasset. 

Tenth.  In  the  district  of  Bath,  a  collector,  who  shall  reside  at  Bath. 


tQu:  Kenuebunk? 


298       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

Eleventh.  In  the  district  of  Portland  and  Falmouth,  a  collector,  who 
shall  reside  at  Portland,  not  exceeding  three  deputy  collectors,  a  sur- 
veyor, an  appraiser,  and  an  assistant  appraiser. 

Twelfth.  In  the  district  of  Saco,  a  collector,  who  may  reside  at  Saco 
or  Biddeford. 

Thirteenth.  In  the  district  of  Kennebunk,  a  collector,  who  shall  reside 
at  Kennebunk. 

Fourteenth.  In  the  district  of  York,  a  collector,  who  shall  reside  at 
York. 

Sec.  2519.  The  collectors  of  the  several  districts  within  the  State  of 
Maine,  for  which  no  boundaries  are  prescribed  by  the  [preceding  section] 
[twenty-five  hundred  and  seventeen],  shall,  from  time  to  time,  a;ireeupon 
a  divisional  line  between  their  respective  districts,  and  transmit  the 
same  to  the  Commissioner  of  Customs,  and  such  districts  so  agreed 
upon  shall  include  all  the  waters,  shores,  and  islands  within  the  same, 
and  all  the  lauds  adjoining  to  the  provinces  of  New  Brunswick  and 
Quebec,  within  the  State  of  Maine.  In  case  of  disagreement  between 
any  of  the  collectors  concerning  such  divisional  line,  the  President  shall 
determine  the  same. 

Sec.  2520.  Vessels  owned  in  whole  or  in  part  in  the  towns  of  Edge- 
comb  and  Newcastle  in  Maine,  having  entered  in  due  form  of  law  at  the 
port  of  Wiscasset,  and  taken  on  board  an  officer,  shall  be  permitted  to 
unlade  in  the  parts  of  those  towns  which  adjoin  Sheepscut  River. 

Sec.  2521.  The  Secretary  of  the  Treasury  may  authorize,  under  such 
regulatibns  as  he  shall  deem  necessary,  the  deputy  collector  of  customs 
at  the  port  of  Calais  in  ^Maine  to  enter  and  clear  vessels,  and  to  perform 
such  other  official  acts  as  the  Secretary  shall  think  advisable. 

Sec.  2522.  There  shall  be  in  the  State  of  New  Hampshire  one  collec- 
tion-district, as  follows : 

The  district  of  Portsmouth  ;  to  comprise  the  State  of  New  Hampshire 
and  the  towns  of  Kittery  and  Berwick,  in  Maine,  in  which  Portsmouth 
shall  be  the  port  of  entry,  and  Newcastle,  Dover,  Exeter,  Kittery,  and 
Berwick,  ports  of  delivery. 

Sec.  2523.  There  shall  be  in  the  district  of  Portsmouth  a  collector  and 
a  surveyor,  who  shall  reside  at  Portsmouth. 

Sec.  2524.  Merchandise  destined  for  either  of  the  towns  of  Kittery  or 
Berwick,  in  Maine,  may  be,  at  the  option  of  the  master  of  the  vessel, 
entered  and  permit  for  the  delivery  thereof  obtained,  either  in  the  dis- 
trict of  Portsmouth,  in  the  State  of  New  Hampshire,  or  in  the  district 
of  York,  in  the  State  of  Maine. 

Sec.  2525.  There  shall  be  in  the  State  of  Vermont  one  collection-dis- 
trict, as  follows : 

The  district  of  Vermont;  to  comprise  all  such  waters  and  shores  of 
Lake  Champlain,  and  the  rivers  connected  therewith,  as  lie  within  the 
State  of  Vermont,  and  to  extend  along  the  northern  boundary-line  of 
the  State,  adjoining  the  Dominion  of  Canada  ;  in  which  Burlington  shall 
be  the  port  of  entry,  and  the  President  may,  if  he  deems  it  expedient, 
establish  not  exceeding  two  places  as  ports  of  delivery  only. 

Sec.  252G.  There  shall  be  in  the  district  of  Vermont  a  collector,  who 
shall  reside  at  Burlington,  and,  at  the  discretion  of  the  President,  two 
surveyors  for  such  ports  of  delivery  as  shall  be  designated  by  him. 

Sec.  2527.  There  shall  be  in  the  State  of  Massachusetts  eleven  col- 
lection-districts, as  follows: 

First.  The  district  of  Newbnryport;  to  comprise  all  the  waters  and 
shores  from  the  State  of  New  Hampshire  to  and  including  the  town  of 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  299 

Ipswich  ;  in  which  Newlnirjport  shall  be  the  port  of  entry,  and  Anies- 
biiry,  Salisbury,  Haverhill,"^Newbury,  and  Ipswich  i)orts  of  delivery. 

Second.  The  district  of  Gloucester;  to  comprise  all  the  waters  and 
shores  in  the  towns  of  Gloucester  and  Manchester,  as  bounded  on  the 
second  day  of  JMarch,  seventeen  hundred  and  ninety-nine,  and  the  town 
of  Essex  as  bounded  on  the  seventh  day  of  August,  ei.uhteen  hundred 
and  forty- eig:ht;  in  which  Gloui'ester  shall  be  the  port  of  entry,  and 
Manchester  a  port  of  delivery. 

Third.  The  district  of  Salem  and  Beverly;  to  comprise  all  the  waters 
and  shores  within  the  towns  of  Beverly,  Salem,  and  Uanvers,  as  bounded 
on  the  second  day  of  March,  seventeen  hundred  and  ninety-nine;  in 
which  Salem  shall'be  the  port  of  entry,  and  Danvers  a  port  of  delivery. 
Fourth.  The  district  of  Marblehead  ;  to  comprise  all  the  waters  and 
shores  within  the  towns  of  Marblehead  and  Lynn,  as  bounded  on  the 
second  day  of  March,  seventeen  hundred  and  ninety  nine;  in  which 
Marblehead  shall  be  the  port  of  entry,  and  Lynn  the  port  of  delivery. 
Fifth.  The  district  of  Boston  and  Charlestown  ;  to  comprise  all  the 
waters  and  shores  within  the  counties  of  Middlesex,  Suffolk,  and  Nor- 
folk, as  bounded  on  the  second  day  of  March,  seventeen  hundred  and 
ninety-nine ;  in  which  Boston  shall  be  the  port  of  entry,  and  Medford, 
Cohasset,  Hingham,  Weymouth,  Cambridge,  Koxbury,  and  Dorchester 
ports  of  delivery.  And  the  town  of  Chelsea  shall  be  attached  to  and 
made  a  part  of  the  port  of  entry  and  collection-district  of  Boston  and 
Charlestown. 

Sixth.  The  district  of  Plymouth  ;  to  comprise  all  the  waters  and 
shores  within  the  county  of 'Plymouth,  except  the  towns  of  Wareham 
and  Kochester,  as  bounded  on  the  second  day  of  March,  seventeen  hun- 
dred and  ninety-nine ;  in  which  Plymouth  shall  be  the  port  of  entry, 
and  Scituate,  Duxbury,  Kingston,  and  Marshfield  ports  of  delivery. 

Seventh.  The  district  of  Barnstable;  to  comprise  all  the  waters  and 
shores  within  the  county  of  Barnstable,  as  bounded  on  the  second  day 
of  March,  seventeen  hundred  and  ninety-nine;  in  which  Barnstable 
shall  be  the  port  of  entry,  and  Sandwich,  Falmouth,  Harwich,Welltleet, 
Provincetown,  and  Chatham,  ports  of  delivery. 

Eighth.  The  district  of  Nantucket ;  to  comprise  the  waters  and  shores 
of  the  island  of  Nantucket ;  in  which  Nantucket  shall  be  the  port  of 
entry. 

Ninth.  The  district  of  Edgartown  ;  to  comprise  all  the  waters  and 
shores  within  the  county  of  Duke's  County,  as  bounded  on  the  second 
day  of  March,  seventeen  hundred  and  ninety[-nine] ;  in  which  Edgar- 
town  shall  be  the  port  of  entry. 

Tenth.  The  district  of  New  Bedford ;  to  comprise  all  the  waters  and 
shores  within  the  towns  of  New  Bedford,  Dartmouth,  Westport,  Roches- 
ter, and  Wareham,  together  with  all  the  islands  within  the  county  of 
Bristol,  as  bounded  on  the  second  day  of  March,  seventeen  hundred 
and  ninety-nine;  in  which  New  Bedford  shall  be  the  port  of  entry,  and 
Westportl,  Kochester,  and  Wareham  ports  of  delivery. 

Eleventh.  The  district  of  Fall  lliver;  to  comprise  all  the  waters  and 
shores  on  Taunton  Kiver,  and  in  tlie  town  of  Kehoboth,  as  bounded  on 
the  second  day  of  March,  seventeen  hundred  and  ninety-nine,  and  all 
that  part  of  the  town  of  Tiverton,  in  Rhode  Island,  north  of  tiie  south 
line  of  the  farm  of  William  Slade,  and  of  the  farm  of  the  heirs  of  Boyls- 
ton  Brayton,  as  bounded  on  the  ninth  day  of  August,  eighteen  hundred 
and  fortV-two,  to  Wattupper  Pond,  and  by  that  pond  to  the  s(mth  line 
of  the  State  of  ^Massachusetts,  and  the  waters  and  shores  adjoining 
thereto;  in  which  Fall  River  shall  be  the  port  of  entry  and  delivery, 


300  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

and  Swansea,  Somerset,  Freetown,  Berkley,  and  Tannton  ports  of  de- 
livery. 

Sec.  2528.  Sippican  and  Mattapoiset  Harbors,  within  tbe  township 
of  Rochester,  in  Massachusetts,  shall  be  known  as  ports  under  those 
names  within  the  collection-district  of  New  Bedford,  and  the  respective 
inhabitants  are  authorized  to  describe,  as  the  law  requires,  their  ves- 
sels as  belonging  to  those  places  respeotively  instead  of  Rochester. 

Sec.  2529.  There  shall  be  in  the  collection-districts  in  the  State  of 
Massachusetts  the  following  officers: 

First.  In  the  district  of  Newburyport,  a  collector  and  a  surveyor,  who 
shall  reside  at  Newburyport. 

Second.  In  the  district  of  Gloucester,  a  collector  and  a  surveyor,  who 
shall  reside  at  Gloucester. 

Third.  In  the  district  of  Salem  and  Beverly,  a  collector  and  a  sur- 
veyor, who  shall  reside  at  Salem. 

Fourth.  In  the  district  of  Marblehead,  a  collector,  who  shall  reside  at 
Marblehead. 

Fifth.  In  the  district  of  Boston  and  Charlestown,  a  collector,  a  naval 
officer,  a  surveyor,  who  shall  reside  at  Boston,  two  appraisers,  and  two 
assistant  appraisers,  a  special  examiner  of  drugs,  medicines,  and  chemi- 
cals; and  the  Secretary  of  the  Treasury  may  appoint  an  inspector  of 
customs  for  the  port  of  Chelsea. 

Sixth.  In  the  district  of  Plymouth,  a  collector,  who  shall  reside  at 
Plymouth. 

Seventh.  In  the  district  of  Barnstable,  a  collector,  who  shall  reside  at 
Barnstable. 

Eighth.  In  the  district  of  Nantucket,  a  collector,  who  shall  reside  at 
Nantucket. 

Ninth.  In  the  district  of  Edgartown,  a  collector,  who  shall  reside  at 
Edgartown. 

Tenth.  In  the  district  of  New  Bedford,  a  collector,  who  shall  reside  at 
New  Bedford. 

Eleventh.  In  the  district  of  Fall  River,  a  collector,  who  shall  reside  at 
Fall  River. 

Sec.  2530.  The  clerks  and  other  persons  employed  in  the  appraiser's 
office  at  the  port  of  Boston  shall  be  appointed  by  the  principal  appraiser, 
and  their  number  and  compensation  shall  be  fixed  by  the  Secretary  of 
the  Treasury. 

Sec.  2531.  There  shall  be  in  the  State  of  Rhode  Island  three  collec- 
tion-districts, as  follows: 

First.  The  district  of  Newport ;  to  comprise  all  the  waters  and  shores 
from  the  east  line  of  the  town  of  Westerly,  as  bounded  on  the  third  day 
of  August,  eighteen  hundred  and  forty-two,  along  the  sea-coast,  and 
northward,  up  the  Narragansett  Bay,  as  far  as  the  southerly  boundary 
of  Kent  County  [as  the  same  existed]  on  the  twenty-ninth  day  of  July, 
eighteen  hundred  and  fifty,  including  the  several  towns,  harbors,  and 
landing-places  at  Charleston,  South  Kingston,  and  North  Kingston,  and 
also  the  towns,  harbors,  and  landing-places  of  Tiverton  and  Little  Comp- 
ton,  as  bounded  on  the  second  day  of  March,  seventeen  hundred  and 
ninety-nice,  and  all  the  towns,  harbors,  and  landing-places  of  the  islands 
of  Rhode  Island,  Jamestown,  Prudence,  New  Shoreham,  and  every  other 
island  within  the  State,  southward  of  a  line  running  nearly  a  northeast 
course  from  the  south  end  of  Warwick  Neck  to  the  south  end  of  Rum- 
stick  Point  at  high-water  mark;  in  which  Newport  shall  be  the  port  of 
entry,  and  North  Kingston  and  Tiverton  ports  of  delivery. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  301 

Secoud.  The  district  of  Bristol  and  Warren  ;  to  comprise  the  towns  of 
Bristol,  Warren,  and  Barrinjitou,  and  all  the  waters  and  shores  around 
the  same,  within  a  line  bef>innino^  at  the  middle  of  the  bay,  between 
Mount  Hope  and  Common  Fence  Point,  runnino-  southwesterly  through 
the  middle  of  Bristol  Ferry,  and  continuing  such  course  until  it  strikes 
a  point  of  equal  distance  from  Khode  Island  to  Prudence  Island,  from 
thence  northwnrdly  on  a  straight  line  to  the  westernmost  part  of  Naliaut 
Point,  and  from  thence  to  the  western  shore  of  Bullock's  Point;  in  which 
Bristol  and  Warren  shall  be  the  port  of  entry,  and  Barrihgton  a  port  of 
delivery. 

Third.  The  district  of  Providence;  to  comprise  all  the  waters  and 
shores  northward  of  a  line  running  nearly  a  northeast  course  from  the 
south  end  of  Warwick  Neck  to  the  south  end  of  Rumstick  Point  at 
high-water  mark,  and  so  much  of  the  waters  of  the  Narragansett  Bay, 
and  the  shores,  in  the  State  of  Rhode  Island  and  Providence  Plan- 
tations, as  are  within  the  county  of  Kent,  including  the  port  of  East 
Greenwich,  and  that  part  of  Warwick  lying  upon  Greenwich  Bay;  in 
which  Providence  shall  be  the  port  of  entry,  and  Patuxet  and  East 
Greenwich  ports  of  delivery.- 

Sec.  2532.  There  shall  be  in  the  collection-districts  in  the  State  of 
RhodQ  Island  the  following  ofticers  : 

First.  In  the  district  of  Newport,  a  collector,  who  shall  reside  at  New- 
port. 

Second.  In  the  district  of  Bristol  and  Warren,  a  collector,  who  shall 
reside  at  Bristol. 

Third.  In  the  district  of  Providence,  a  collector  and  an  appraiser,  who 
shall  reside  at  Providence. 

Sec.  2533.  There  shall  be  in  the  State  of  Connecticut  five  collection- 
districts,  as  follows : 

First.  The  district  of  Stonington;  to  comprise  all  the  waters  and 
shores  from  the  west  line  of  Mystic  River,  includiiig  the  villages  of 
Portersville  and  Noank,  in  the  town  of  Groton,  to  the  east  lineof  Paw- 
catuck  River,  including  the  town  of  Westerly,  in  Rhode  Island,  as 
bounded  on  the  third  day  of  August,  eighteen  hundred  and  forty-two; 
in  which  Stonington  shall  be  the  port  of  entry,  and  Pawcatuck  River, 
in  the  town  of  Westerly,  a  port  of  deliv^ery. 

Second.  The  district  of  New  London  ;  to  comprise  all  the  waters  and 
shores  from  the  west  line  of  Mystic  River  to  and  including  the  town 
of  Lyme,  as  bounded  on  the  tenth  day  of  May,  eighteen  hundred;  in 
which  New  London  shall  be  the  port  of  entry,  and  Norwich,  Groton,  and 
Lyme  ports  of  delivery. 

Third.  The  district  of  Middletown;  to  comprise  the  waters  and  shores 
of  the  towns  of  Saybrook,  Killingsworth,  Haddam,  East  Haddam,  Mid- 
dletown, Chatham,'Weathersfield,  Glastenbury,  Hartford,  East  Hartford, 
Windsor,  and  East  Windsor,  as  bounded  on  the  second  day  of  March, 
seventeen  hundred  and  ninety-nine  ;  in  which  Middletown  shall  be  the 
port  of  entry,  and  Saybrook,  Killingsworth,  Haddam,  East  Haddam, 
Middletown,'  Chatham,  Weatherstield,  Glastenbury,  Hartford,  East 
Hartford,  Windsor,  and  East  Windsor,  ports  of  delivery. 

Fourth.  The  district  of  New  Haven;  to  comprise  the  waters  and 
shores  from  the  west  line  of  the  district  of  ^Middletown  westerly  to 
Housatonic  River;  in  which  New  Haven  shall  be  the  port  of  entry,  and 
Guilford,  Branford,  ]Milford,  and  Derby  ports  of  delivery. 

Fifth.  The  district  of  Fairfield;  to  comprise  all  the  waters  and  shores 
in  the  State  of  Connecticut  west  of  the  district  of  New  Haven ;  in 


302  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

which  *Fairfield  shall  be  the  port  of  entry,  and  Norwalk,  Stratford, 
Stamford,  and  Greenwich  ports  of  delivery. 

Sec.  2534.  There  shall  be  in  the  collection  districts  of  the  State  of 
Connecticut  the  following  officers: 

First.  In  the  district  of  Stoningtou,  a  collector,  who  shall  reside  at 
Stoniugtou. 

Second.  In  the  district  of  ^ew  London,  a  collector,  who  shall  reside 
at  IS'ew  London. 

Third.  In  the  district  of  Middletown,  a  collector,  who  shall  reside  at 
Middletown. 

Fourth.  In  the  district  of  Xew  Haven,  a  collector,  who  shall  reside  at 
Kew  Haven. 

Fifth.  In  the  district  of  Fairfield,  a  collector,  who  may  reside  at  Fair- 
field or  *  Bridgeport. 

Sec.  2535.  There  shall  be  in  the  State  of  New  York  ten  collection- 
districts,  as  follows : 

First.  The  district  of  Sag  Harbor ;  to  comprise  all  the  waters  and 
shores  within  the  two  points  of  land  called  Oyster  Pond  Point  and  Mon- 
tauk  Poiut;  in  which  Sag  Harbor  shall  be  the  port  of  entry,  and  Green- 
port  a  port  of  delivery. 

Second.  The  district  of  the  city  of  New  York ;  to  comprise  all  the 
waters  and  shores  of  the  State  of  New  York,  and  of  the  counties  of 
Hudson  and  Bergen  in  the  State  of  New  Jersey,  not  included  in  other 
districts;  in  which  New  York  shall  be  the  port  of  entry,  and  New 
Windsor,  Newburgh,  Poughkeepsie,  Esopus,Kinderhook,  Albany,  Hud- 
son, tTroy,  Ehiuebeck  Landing,  Cold  Spring,  and  tPort  Jefferson  ports 
of  delivery ;  and  Jersey  City  a  port  of  entry  and  delivery  with  an  as- 
sistant collector  to  act  under  the  collector  at  New  York.  [In  addition 
to  the  other  territory  embraced  therein,  all  that  part  of  the  county  of 
Hudson,  in  the  State  of  New  Jersey,  and  the  waters  adjacent,  now 
within  the  collection  district  of  Newark,  N.  J.,  east  of  Newark  Bay  and 
Hackensack  River.] 

Third.  The  district  of  Champlain ;  to  comprise  all  the  waters  and 
shores  of  Lake  Champlain  and  the  rivers  connected  therewith  within 
the  State  of  New  York,  and  to  extend  westwardly  along  the  northern 
boundary-line  of  the  State  to  the  river  Saint  Lawrence  ;  in  which  Platts- 
burgh  shall  be  the  port  of  entry,  and  Whitehall  and  Fort  Covington 
ports  of  delivery. 

Fourth.  The  district  of  Oswegatchie  ;  to  comprise  all  the  waters  and 
shores  of  the  river  Saint  Lawrence  within  the  State  of  New  York  from 
the  western  boundary  of  the  district  of  Champlain  to  the  western  bound- 
ary of  the  county  of  Saint  Lawrence  as  bounded  on  the  second  day  of 
March, eighteen  hundred  and  eleven;  in  which  Ogdensburgh shall  be  the 
port  of  entry. 

Fifth.  The  district  of  Cape  Vincent ;  to  comprise  all  the  waters  and 
shores  of  the  river  Saint  Lawrence  from  the  western  boundary  of  the 
county  of  Saint  Lawrence  as  bounded  on  the  second  day  of  March, 
eighteen  hundred  and  eleven,  and  all  the  waters  and  shores  of  Lake 
Ontario,  and  the  rivers  and  waters  connected  therewith,  within  the 
jurisdiction  of  the  United  States,  and  within  the  State  of  New  York,  to 
the  western  extremity  of  Hungry  Bay;  in  which  Cape  Vincent  shall  be 
the  port  of  entry. 


I 


*  Bridgeport  is  the  actual  place  of  residence  of  the  collector ;  see  sec.  2640,  first  clause. 
t  No  surveyors  appear  to  be  provided  for  these  ports.     (See  Act  March  3,  1825,  chap. 
96,  sec.  1,  and  August  31,  1852,  chap.  115,  sec.  3.) 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  303 

Sixth.  The  district  of  Oswego  ;  to  comprise  all  the  waters  and  sliores 
of  Lake  Ontario,  and  the  rivers  and  waters  connected  therewith,  witliin 
the  jurisdiction  of  the  United  Slates,  and  within  the  State  of  Kew  York, 
from  the  western  extremity  of  Hungry  l^ay  to  the  western  extremity  of 
Sodus  Bay,  including  all  the  rivers  and  waters  emptying  into  that  bay: 
in  which  Oswego  shall  be  the  port  of  entry. 

Seventh.  The  district  of  Genesee ;  to  comprise  all  the  waters  and 
shores  of  Lake  Ontario,  and  the  rivers  and  waters  connected  therewith, 
within  the  iurisdiction  of  the  United  States,  and  within  the  State  of 
Kew  York,  "from  the  western  extremity  of  Sodus  Bay,  but  excluding  all 
the  rivers  and  waters  emptying  into  that  bay, to  the  eastern  extremity  of 
Oak  Orchard  Creek;  in  which  the  river  Genesee*  shall  be  the  port  of 
entry. 

Eighth.  The  district  of  Niagara;  to  comprise  all  the  waters  and  shores 
of  Lake  Ontario  and  the  river  Niagara,  and  the  rivers  connected  there- 
with, within  the  jurisdiction  of  the  United  States,  and  within  the  State 
of  New  York,  from  the  eastern  extremity  of  Oak  Orchard  Creek  to  the 
channel  of  Touawanda  Creek ;  iu  which  Suspension  Bridge  shall  be  the 
port  of  entry. 

Ninth.  The  district  of  Buffalo  Creek  ;  to  comprise  all  the  waters  and 
shores  of  Lake  Erie  or  the  river  Niagara,  within  the  State  of  New  York, 
from  Touawanda  Creek  to  the  eastern  shore  of  Cattaraugus  Creek;  in 
which  Buffalo  shall  be  the  port  of  entry. 

Tenth.  The  district  of  Dunkirk ;  to  comprise  the  waters  and  shores 
of  the  counties  of  Cattaraugus  and  Chautauqua,  as  bounded  on  the 
twenty-seventh  day  of  July,  eighteen  hundred  and  fifty-four,  and  the 
harbors,  rivers,  and  waters  ou  the  southern  shore  of  Lake  Erie,  within 
the  State  of  New  York,  west  of  and  including  Cattaraugus  Creek  and 
the  shores  on  each  side  of  that  creek,  and  west  along  the  shore  and  ter- 
ritory bordering  on  Lake  Erie  to  the  Pennsylvania  State  line,  and 
the  islands  in  the  lake  contiguous  thereto  ;  in  which  Dunkirk  shall  be 
the  port  of  entry  ;  and  Barcelona,  Silver  Creek,  and  Cattaraugus  Creek, 
ports  of  delivery. 

Sec.  253G.  There  shall  be  in  the  collection-districts  of  the  State  of 
New  York  the  following  oflicers  : 

First.  In  the  district  of  Sag  Harbor,  a  collector,  who  shall  reside  at 
Sag  Harbor ;  and  a  surveyor,  who  shall  reside  at  Greenport. 

Second.  In  the  district  of  New  York,  a  collector,  an  assistant  collector, 
a  naval  ofiQcer,  a  surveyor,  one  appraiser,  and  ten  assistant  appraisers, 
who  shall  reside  at  the  port  of  New  York ;  one  assistant  (jollector, 
who  shall  reside  at  Jersey  City,t  and  shall  have  i)Ower  to  enter  and  clear 
vessels  iu  like  manner  as  the  collector  at  New  York  is  authorized  by  law 
to  do,  and  shall  act  in  conformity  to  such  instructions  as  he  shall  from 
time  to  time  receive  from  the  collector  of  New  York ;  a  surveyor,  to  act 
also  as  collector,  who  shall  reside  at  Albany  ;  a  surveyor  at  each  of  the 
ports  of  Cold  Spring,  on  the  north  side  of  Long  Island,  and  Port  Jef- 
ferson, who  shall  reside  at  their  respective  ports. 

Third.  In  the  district  of  Champlain,  a  collector,  who  shall  reside  at 
Plattsburgh ;  a  deputy  collector,  who  shall  reside  at  Rouse's  Point ;  a 
deputy  collector,  who  shall  reside  at  Whitehall ;  and  the  President  may 
appoint  not  exceeding  two  surveyors,  who  shall  reside  at  such  places  as 
he  may  deem  proper. 

Fourth.  In  the  district  of  Oswegatchie,  a  collector,  who  shall  reside 
at  Ogdensburgh. 

•  Qn  :  Rocliester  ?  t  See  sec.  4340. 

« 


304  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Fifth.  In  the  district  of  Cape  Vincent,  a  collector,  who  shall  reside  at 
Cape  Vincent. 

Sixth.  In  the  district  of  Oswego,  a  collector,  who  shall  reside  at 
Oswego. 

Seventh.  In  the  district  of  Genesee,  a  collector,  who  shall  reside  on 
the  Genesee  River*  h  jk* 

Eighth.  In  the  district  of  ]N^iagara,  a  collector,  who  shall  reside  at 
Sus])ensiou  Bridge. 

Ninth.  In  the  district  of  BnflPalo  Creek,  a  collector,  who  shall  reside 
at  Buffalo  ;  and  an  appraiser. 

Tenth.  In  the  district  of  Dunkirk,  a  collector,  who  shall  reside  at 

unkirk  ;  and  for  each  of  the  ports  o 
Cattaraugus  Creek,  a  deputy  collector. 

Sec.  2537.  All  cargoes  chargeable  with  duties  intended  for  delivery 
at  the  port  of  Greenport,  in  the  State  of  New  York,  shall  be  entered 
and  the  duties  paid  at  the  port  of  Sag  Harbor,  before  permission  shall 
be  granted  to  discharge  the  same  at  Greenport. 

Sec.  2538.  The  Secretary  of  the  Treasury  may,  on  the  nomination  of  the 
appraiser,  appoint  such  number  of  examiners  at  the  port  of  New  York  as 
the  Secretary  may  in  writing  determine  to  be  necessary,  to  aid  each  of 
the  assistant  appraisers  in  the  examination,  inspection,  and  appraise- 
ment of  merchandise. 

Sec.  2539.  The  Secretary  of  the  Treasury  shall  also  appoint,  on  the 
nomination  of  the  appraiser  at  the  port  of  N"ew  York,  the  clerks,  verifi- 
ers, samplers,  openers,  packers,  and  messengers  employed  in  the  ap- 
praiser's office,  or  in  any  of  the  departments  thereof,  and  shall  limit 
and  fix  their  number. 

Sec.  2540.  All  merchandise  chargeable  with  duties  intended  for  de- 
livery at  the  port  of  Cold  Spring,  on  the  north  side  of  Long  Island,  in 
the  State  of  New  Y^ork,  or  at  the  port  of  Port  Jefi'erson,  in  that  State, 
shall  be  entered  and  the  duties  paid  at  the  port  of  New  Y^ork,  before 
permission  shall  be  granted  to  discharge  the  same  at  Cold  Spring  or 
Port  Jefierson. 

Sec.  2541.  There  shall  be  in  the  State  of  New  Jersey  six  collection- 
districts,  as  follows : 

First.  The  district  of  Newark;  to  comprise  all  the  waters  and  shores 
of  that  part  of  the  State  of  New  Jersey  lying  north  and  east  of  Eliza- 
beth and  Staten  Island,  extending  eastward  as  far  as  the  mouth  of  the 
Kill  Van  Kull,  where  it  empties  into  the  bay  of  New  York ;  including 
all  the  waters  and  shores  of  Newark  Bay  and  the  rivers  and  bays  tribu- 
tary thereto,  the  northern  shore  of  the  strait  or  passage  known  as  Kill 
Van  Kull,  and  all  that  part  of  the  western  shore  of  the  strait  or  pas- 
sage known  as  Staten  Island  Sound,  or  Arthur  Kill,  which  lies  north 
of  the  northern  bunndar^^-line  of  the  town  of  Rahway,  as  bounded  on 
the  twenty-second  day  of  February,  eighteen  hundred  and  sixty-nine ; 
in  which  Newark  shall  be  the  i)ort  of  entry,  and  Elizabeth  a  port  of 
delivery. 

Second.  The  district  of  Perth  Amboy ;  to  comprise  all  the  waters  and 
shores  within  the  State  of  New  Jersey  from  the  northern  boundary-line 
of  the  town  of  Rahway,  as  bounded  on  the  twenty-second  day  of  Feb- 
ruary, eighteen  hundred  and  sixty-nine,  to  Barnegat  Inlet ;  in  which 
Perth  Amboj'  shall  be  the  port  of  entry,  and  New  Brunswick  and  Mid- 
dletown  Point  ports  of  delivery. 

Third.  The  district  of  Little  Egg  Harbor ;  to  comprise  all  the  waters 

*  Qu  :  Rochester  ? 


NAVIGATION   LAWS    OF    THE    UNITED    STATES.  305 

aud  shores  from  Barneg:at  Inlet  to  Brigantine  Inlet,  including  both  j 
in  wiiicli  Tiickertou  shall  be  the  port  of  entry. 

Fourth.  The  district  of  Great  Egg  Harbor;  to  comprise  all  the  waters 
and  shores  of  the  river  of  Great  hlgg  Harbor,  and  along  the  sea-coast 
from  Brigantine  Inlet  to  Cape  May.* 

Fifth.  The  district  of  Bridgeton;  to  comprise  the  waters  and  shores 
of  the  Delaware  Bay  and  River  within  the  State  of  New  Jersey,  from 
Cape  May  to  aud  including  the  county  of  Gloucester,  as  bounded  on  the 
second  day  of  March,  seventeen  hundred  and  ninety-nine,  except  the 
I)ort  of  Camden  ;  in  which  Bridgeton  shall  be  the  i)ort  of  entrj',  and 
Salem  and  Port  Elizabeth,  on  Maurice  Kiver,  ports  of  delixery. 

Sixth.  The  district  of  Burlington;  to  comprise  all  the  waters  aud 
shores  of  the  Delaware  Eiver  within  the  State  of  New  Jersey  north- 
ward of  the  northern  boundary  of  the  county  of  Gloucester,  as  bounded 
on  the  second  day  of  March,  seventeen  hundred  and  ninety-nine;  in 
which  Burlington  shall  be  the  port  of  entry,  and  Lamberton  the  port  of 
delivery,  t 

Sec.  2542.  There  shall, be  in  the  collection-districts  of  the  State  of 
New  Jersey  the  following  officers  : 

First.  In  the  district  of  Newark,  a  collector,  who  shall  reside  at  New- 
ark. 

Second.  In  the  district  of  Perth  Amboy,  a  collector,  who  shall  reside 
at  Perth  Amboy. 

Third.  In  the  district  of  Little  Egg  Harbor,  a  collector,  who  shall  re- 
side at  Tucker  ton. 

Fourth.  In  the  district  of  Great  Egg  Harbor,  a  collector,  who  shall  re- 
side at  such  place  within  the  district  as  may  be  designated  by  the  Sec- 
retary of  the  Treasury. 

Fifth.  lu  the  district  of  Bridgeton,  a  collector,  who  shaU  reside  at 
Bridgeton. 

Sixth.  In  the  district  of  Burlington,  a  collector,  who  shall  reside  at 
Lamberton. 

Sec.  2543.  There  shall  be  in  the  State  of  Pennsylvania  three  collec- 
tion-districts, as  follows : 

First.  The  district  of  Philadelphia ;  to  comprise  all  the  waters  and 
shores  of  the  Delaware-  Kiver,  and  the  rivers  and  waters  conuected 
there W'ith,  within  the  State  of  Pennsylvania,  and  the  port  of  Camden, 
in  New  Jersey ;  in  which  Philadelphia  shall  be  the  port  of  entry,  ami 
Camden  and  Chester  ports  of  delivery. 

Second.  The  district  of  Erie  ;  to  comprise  all  the  waters  aud  shores 
of  Lake  Erie,  and  the  rivers  and  waters  connected  therewith,  within  thc^ 
jurisdiction  of  the  United  States  and  within  the  State  of  Pennsylvania  ; 
in  which  Erie  shall  be  the  port  of  entry. 

Third.  The  district  of  Pittsburgh  ;  to  comprise  all  the  waters  and 
shores  of  the  Ohio  Kiver  and  the  rivers  and  waters  connected  there- 
with, within  the  State  of  Pennsylvania;  iu  which  Pittsburgh  shall  be 
the  port  of  entry. 

Sec.  2544.  There  shall  be  in  the  collection-districts  of  the  State  of 
Pennsylvania  the  following  officers  : 

First.  In  the  district  of  Philadelphia,  a  collector,  a  naval  officer,  a 
surveyor,  two  appraisers,  and  two  assistant  appraisers,  who  shall  reside 
at  the  port  of  Philadelphia ;  a  special  examiner  of  drugs,  medicines,  and 

*  Barifaiiitowu  hnviiig  Iwen  di'siguatcd  by  tlic  Secretary,  uuder  the  next  section,  as 
the  residence  of  tlit-  collector,  is,  virtually,  the  port  of  entry. 

t Lamberton,  being  by  the  next  section  made  the  residence  of  the  collector,  would 
seem  to  be  the  le<j;al  port  of  entry.     (See  sec.  2640,  first  clause.) 
H.  Mis.  391 20 


306  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

chemicals;  an  assistant  collector,  who  shall  reside  at  Camden,*  and  shall 
have  power  to  enter  and  clear  vessels  in  like  manner  as  the  collector  of 
Philadelphia,  but  shall  act  in  conformity  to  such  instructions  and  regu- 
lations as  he  shall  from  time  to  time  receive  from  the  collector  of  Phila- 
delphia ;  and  an  inspector,  who  shall  reside  at  Chester,  and  have  the 
powers  of  a  deputy  collector. 

Second.  In  the  district  of  Erie,  a  collector,  who  shall  reside  at  Erie. 

Third.  In  the  district  of  Pittsburgh,  a  surveyor,  and  an  appraiser. 

Seo.  2545.  The  clerks  and  other  persons  employed  in  the  appraiser's 
office  at  the  port  of  Philadelphia  shall  be  appointed  by  the  principal 
appraiser,  and  their  number  and  compensation  shall  be  tixed  by  the  Sec- 
retary of  the  Treasury. 

Sec.  2546.  There  shall  be  in  the  State  of  Delaware  one  collection-dis- 
trict, as  follows : 

The  district  of  Delaware;  to  comprise  the  State  of  Delaware;  in  which 
Wilmington  shall  be  the  port  of  entry,  and  New  Castle,  Port  Penn,  and 
Delaware  City  ports  of  delivery. 

Sec.  2547.  There  shall  be  in  the  collection-district  of  Delaware  a  col- 
lector, who  shall  reside  at  Wiluiingtou.  [Act  of  January  24,  1880,  au- 
thorizes dei)uty  collector  at  Seaford.] 

Sec.  2548.  There  shall  be  in  the  State  of  Maryland  three  collection- 
districts,  as  follows : 

First.  The  Eastern  district ;  to  comprise  all  the  waters  and  shores  on 
the  east  side  of  Chesapeake  Bay,  from  the  north  line  of  the  State  of 
Virginia  to  the  south  side  of  Great  Choptank  Eiver ;  in  which  Crisfield 
shall  be  the  port  of  entry,  and  Salisbury  h  port  of  delivery. 

Second.  The  district  of  Baltimore;  to  comprise  all  the  waters  and 
shores  on  the  east  side  of  Chesapeake  Bay  north  of  and  including  the 
south  side  of  Great  Choptank  Eiver,  and  all  the  waters  and  shores  on 
the  west  side  of  Chesapeake  Bay,  north  of  the  mouth  of  Magothy 
Eiver ;  in  which  Baltimore  shall  be  the  port  of  entry,  and  Cambridge, 
Easton,  and  Havre  de  Grace  ports  of  delivery. 

Third.  The  district  of  Annapolis ;  to  comprise  all  the  waters  and 
shores  on  the  east  side  of  Chesapeake  Bay  south  of  the  mouth  of  Ma- 
gothy Eiver  to  Point  Lookout,  and  all  the  waters  and  shores  of  the 
Potomac  Eiver  within  the  State  of  Maryland  from  Point  Lookout  to 
and  including  Pomonkey  Creek  ;  in  which  Annapolis  shall  be  the  port 
of  entry,  and  Benedict,  Lower  Marlborough,  Town  Creek,  Silvey's 
Landing,  Cedar  Point,  Llewellensburgh,  Nottingham,  and  Saint  Mary's 
ports  of  delivery. 

Sec.  2549.  There  shall  be  in  the  collection-districts  in  the  State  of 
Maryland  the  following  officers  : 

First.  In  the  Eastern  district,  a  collector,  who  shall  reside  at  Cris- 
field. 

Second.  In  the  district  of  Baltimore,  a  collector,  a  naval  officer,  a 
surveyor,  two  appraisers,  and  a  special  examiner  of  drugs,  medicines, 
and  chemicals,  who  shall  reside  at  the  port  of  Baltimore ;  and  the  Sec- 
retary of  the  Treasury  may  appoint  a  deputy  collector,  who  shall  reside 
at  Chesapeake  City.t 

Third.  In  the  district  of  Annapolis,  a  collector,  who  shall  reside  at 
Annaj)olis ;  a  surveyor  who  shall  reside  at  Town  Creek,  a  surveyor  who 
shall  reside  at  Saint  Mary's,  and  a  surveyor  who  shall  reside  at  Llewell- 
ensburgh. 

*  See  sec.  4341.    -  tSee  sec.  4343. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  'M)7 

Sec.  2550.  There  shall  be  iu  the  J)istrict  of  Columbia  oue  collection- 
district,  as  follows  : 

The  district  of  Georjietown  ;  to  comprise  all  the  waters  and  shores  of 
the  Potomac  River  within  the  State  of  Maryland  and  the  District  of 
Columbia  from  Pomonkey  Creek  to  the  head  of  the  navigable  waters  of 
that  river ;  in  which  Georgetown  shall  be  the  port  of  entry. 

Sec.  2551.  There  shall  be  in  the  district  of  Georgetown  a  collector. 

Sec.  2552.  There  shall  be  in  the  State  of  Virginia  seven  collection- 
districts,  as  follows  : 

First.  The  district  of  Cherrystone  ;  to  comprise  all  the  waters  and 
shores  of  the  sea-coast  of  the  State  of  Maryland  from  the  south  line  of 
the  State  of  Delaware  to  the  north  line  of  the  State  of  Virginia,  and  the 
waters,  shores,  bays,  harbors,  and  iidets  within  the  counties  of  Korth- 
amptou  and  Accomac  in  Virginia,  as  bounded  on  the  second  day  of 
March,  seventeen  hundred  and  ninety-nine;  in  which  Cherrystone  shall 
be  the  port  of  entry,  and  Snow  Hill,  and  Folly  Landing,  ports  of  de- 
li verj'. 

Second.  The  district  of  Alexandria ;  to  comprise  all  the  waters  and 
shores  of  the  Potomac  River  within  the  State  of  Virginia  from  the  head 
of  the  navigable  waters  of  that  river  to  Boyd's  Hole ;  in  which  Alexan- 
dria shall  be  the  port  of  entry,  and  Potomac  a  port  of  delivery. 

Third.  The  district  of  Tappahannock  ;  to  comprise  all  the  waters  and 
shores  of  the  Potomac  River  within  the  State  of  Virginia  from  Boyd's 
Hole  to  Smith's  Point  at  the  mouth  of  that  river,  and  on  the  western 
shore  of  the  Chesapeake  Bay  between  Smith's  Point  and  the  point 
forming  the  south  shore  of  the  mouth  of  the  Raijpahannock  River,  and 
the  Rappahannock  River  to  its  highest  tide-water;  in  which  Tappa- 
hannock shall  be  the  port  of  entry,  and  Urbana,  Port  Royal,  Fredericks- 
burgh,  and  Yeocomico  ports  of  delivery. 

Fourth.  The  district  of  Yorktown;  to  comprise  all  the  waters  and 
shores  from  the  point  forming  the  south  shore  of  the  mouth  of  Rappa- 
hannock River  to  the  point  forming  the  south  shore  of  the  mouth  of 
York  River,  and  from  the  mouth  of  York  River  to  West  Point,  and 
from  West  Point  to  the  highest  navigable  waters  of  the  Pamunkey  and 
Mattapony  Rivers;  in  which  Yorktown  shall  be  the  port  of  entr^*,  and 
West  Point,  East  River,  and  Cumberland  ports  of  delivery.  [Amended 
by  Act  May  27,  1880.] 

Fifth.  The  district  of  Norfolk  and  Portsmouth ;  to  comprise  all  the 
waters  and  shores  within  the  State  of  Virginia  southward  of  the  dis- 
trict of  Yorktown,  not  included  in  the  districts  of  Petersburgh  and  Rich- 
mond; in  which  Ilforfolk  and  Portsmouth  shall  be  the  sole  port  of  en- 
try, and  Suffolk,  Smithfield,  and  Hampton  ports  of  delivery. 

Sixth.  The  district  of  Petersburg!) ;  to  comprise  all  the  waters  and 
shores  of  the  James  River,  from  the  junction  of  the  Chickahominy 
Eiver  on  the  north  side,  and  from  Hood's  on  the  south  side,  to  the  junc- 
tion of  the  James  and  Appomattox  Rivers,  and  the  Chickahominy  and 
Appomattox  Rivers  to  their  highest  tide- waters;  in  which  the  port  of 
entry  shall  extend  from  Petersburgh  to  City  Point. 

Seventh.  The  district  of  Richmond;  to  comprise  all  the  waters  and 
shores  of  the  James  River  from  the  junction  of  the  James  and  Appo- 
mattox Rivers  to  the  highest  tide- waters  of  the  James  River;  in  which 
the  port  of  entry  shall  extend  from  Richmond  and  Manchester  to  Ber- 
muda Hundred.     [Amended  by  Act  of  May  27, 1880.] 

Sec.  2553.  There  shall  be  in  the  collection -districts  in  the  State  of 
Virginia  the  following  oliicers: 

First.  In  the  district  of  Cherrystone  a  collector,  who  shall  reside  at 


308       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

Cherrystone;  and  the  Secretary  of  the  Treasury  may  appoint  a  depaty 
collector  who  shall  reside  on  Chincoteague  Island,  in  Virginia,  and  shall 
exercise  such  powers  as  the  Secretary  of  the  Treasury  may  prescribe 
in  pursuance  of  law;  and  the  President,  if  he  deems  it  necessary,  may 
appoint  a  surveyor,  who  shall  reside  at  Folly  Landing. 

Second.  In  the  district  of  Alexandria  a  collector  and  a  surveyor,, 
who  shall  reside  at  Alexandria,  and  a  deputy  collector  who  shall  reside 
at  Potomac,  and  perform  such  duties  as  may  be  imposed  upon  him  in 
jjursuance  of  law  by  the  Secretary  of  the  Treasury. 

Third.  In  the  district  of  Tappahannock,  a  collector,  who  shall  reside 
at  Tappahannock,  a  surveyor  who  shall  reside  at  Urbana,  a  surveyor 
who  shall  reside  at  Port  Eoyal,  a  surveyor  who  shall  reside  at  Freder- 
icksburgh,  and  a  surveyor  who  shall  reside  at  or  near  the  mouth  of  the 
Eappabannock  Eiver,  at  such  place  as  the  President  shall  designate. 

Fourth.  In  the  district  of  Yorktown,  a  collector,  who  shall  reside  at 
Yorktown,  and  a  surveyor,  who  shall  reside  at  West  Point. 

Fifth.  In  the  district  of  Norfolk  and  Portsmouth,  a  collector,  a  sur- 
veyor, and  an  appraiser,  who  shall  reside  at  IS^orfolk,  and  a  surveyor 
who  shall  reside  at  Suffolk,  and  a  surveyor  who  shall  reside  at  Smithfield. 

Sixth.  In  the  district  of  Petersburgh,  a  collector  and  a  surveyor,  who 
shall  reside  at  Petersburgh. 

Seventh.  In  the  district  of  Richmond,  a  collector  and  a  surveyor,  who 
shall  reside  at  Richmond,  and  a  surveyor  who  shall  reside  at  Bermuda 
Huiidred.     [Amended  by  Act  May  27,  1880.] 

Sec.  2554.  Any  vessel  owned  by  or  consigned  to  any  person  in  the  col- 
lection-district of  Richmond,  and  which  shall  be  loaded,  in  whole  or  in 
part,  in  the  district  of  Petersburgh,  by  such  owner  or  consignee,  may 
be  cleared  by  the  collector  of  the  district  of  Richmond,  on  application  of 
the  owner,  consignee,  or  captain  of  such  vessel. 

Sec.  2555.  There  shall  be  in  the  State  of  JSTorth  Carolina  four  collec- 
tion-districts, as  follows: 

First.  The  district  of  Albemarle;  to  comprise  Albemarle,  Currituck^ 
and  Croatan  Sounds,  and  all  the  waters  and  shores  adjacent  to  and  flow- 
ing into  those  sounds,  south  of  the  southern  boundary  line  of  the  State 
of  Virginia,  together  with  that  part  of  Pamlico  Sound  north  of  and  in- 
cluding Loggerhead  Inlet,  and  all  the  waters  and  shores  ai)pertaining 
thereto;  in  which  Edeuton  shall  be  the  port  of  entry. 

Second.  The  district  of  Pamlico;  to  comprise  Pamlico  Sound,  and  all 
the  waters  and  shores  adjacent  to  and  flowing  into  that  sound,  not  in- 
cluded in  the  district  of  Albemarle,  and  including  the  south  line  of  Keuse 
Eiver  to  the  northern  entrance  of  Core  Sound  ;  in  which  Newhurn*  [New 
Berne]  shall  be  the  port  of  entry. 

Third.  The  district  of  Beaufort;  to  comprise  all  the  waters  and  shores 
south  of  the  district  of  Pamlico,  and  north  of  and  including  New  River 
and  inlet;  in  which  Beaufort  shall  be  the  port  of  entry  ;  but  the  Secre- 
tary of  the  Treasury  may,  if  he  deems  it  necessary,  change  the  port  of 
entry  to  Morehead  City. 

Fourth.  The  district  of  Wilmington;  to  comprise  all  the  waters  and. 
shores  south  of  the  district  of  Beaufort  to  the  southern  boundary  of  the 
State  of  North  Carolina;  in  which  Wilmington  shall  be  the  port  of 
en  try. t 

Sec.  2556.  There  shall  be  in  the  collection-districts  in  the  State  of 
North  Carolina  the  following  officers : 

First.  In  the  district  of  Albemarle,  a  collector,  to  reside  at  the  port 
of  entry. 

*  See  sec.  2619,  subdivision  five.  t  See  sec.  4342. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  309 

Second.  In  the  district  of  Pamlico,  a  collecto",  to  reside  at  the  port 
of  entry. 

Third.  In  the  district  of  Beaufort,  a  collector,  to  reside  at  the  port  of 
entry. 

Fourth.  In  the  district  of  Wilmington,  a  collector,  to  reside  at  the  port 
of  entrj'. 

Sec,  2557.  There  shall  be  in  the  State  of  South  Carolina  three  collec- 
tion-districts, as  follows  : 

First.  The  district  of  Georgetown;  to  comprise  all  the  waters  and 
shores  from  the  southern  boundary  of  the  State  of  North  Carolina  to  the 
point  of  Cape  Eomain ;  in  which  Georgetown  shall  be  the  port  of 
entry. 

Second.  The  district  of  Charleston;  to  comprise  all  the.  waters  and 
shores  from  Cape  Eomain  to  Combahee  River,  inclusive,  in  which 
Charleston  shall  be  the  port  of  entry. 

Third.  The  district  of  Beaufort;  to  comprise  all  the  waters  and  shores 
from  Combahee  River  to  the  Black  River  in  Georgia;  in  which  Beau- 
fort shall  be  the  port  of  entry. 

Sec.  2558.  There  shall  be  in  the  collection-districts  in  the  State  of 
South  Carolina  the  following  officers  : 

First.  In  the  district  of  Georgetown,  a  collector.* 

Second.  In  the  district  of  Charleston,  a  collector,  a  naval  officer,  a 
surveyor,  who  shall  reside  at  Charleston,  two  appraisers,  and  a  special 
examiner  of  drugs,  medicines,  and  chemicals. 

Third.  In  the  district  of  Beaufort,  a  collector.t 

Sec.  2559.  There  shall  be  in  the  State  of  Georgia  three  collection-dis- 
tricts, as  follows : 

First.  The  district  of  Savannah ;  to  comprise  the  Savannah  River  and 
all  the  waters  and  shores  from  that  river  to  and  including  the  south 
point  of  Sapelo  Islaud,  in  which  Savannah  shall  be  the  port  of  entry, 
and  Augusta,  Sunbury,  and  Hardwicke  ports  of  delivery. 

Second.  The  district  of  Brunswick;  to  comprise  all  the  waters  and 
shores  from  the  south  jwint  of  Sapelo  Island  to  and  including  the  south 
point  of  Jekyl  Island;  in  which  Brunswick  shall  be  the  port  of  entry, 
and  Frederica  and  Darien  ports  of  delivery. 

Third.  The  district  of  Saint  Mary's;  to  comprise  all  the  waters  and 
shores  from  tlie  south  point  of  Jekyl  Island  to  and  including  Saint 
Mary's;  in  which  Saint  Mary's  shall  be  the  port  of  entry. 

Sec.  25()0.  There  shall  be  in  the  collection  districts  in  the  State  of 
Georgia  the  following*  officers: 

First.  In  the  district  of  Savannah,  a  collector,  a  naval  officer,  a  sur- 
veyor, and  two  appraisers,  who  shall  reside  at  the  port  of  Savannah  ;  a 
surveyor,  who  shall  reside  at  Augusta;  and  the  President,  if  he  deems  it 
necessary,  may  appoint  a  surveyor  who  shall  reside  at  Sunbury,  and  a 
surveyor  who  shall  reside  at  Hardwicke. 

Second.  In  the  district  of  Brunswick,  a  collector,  who  shall  reside  at 
Brunswick;  a  de|)uty  collector,  who  shall  reside  at  Darien;  and  a  sur- 
veyor, who  shall  reside  at  such  place  in  the  district  as  may  be  designated 
by  the  Secretary  of  the  Treasury. 

Third.  In  the  district  of  Saint  Mary's,  a  collector,  who  shall  reside  at 
Saint  Mary's. 

Sec.  2561.  The  collectors  of  the  districts  of  Savannah  and  Brunswick, 
in  the  State  of  Georgia,  are  each  authorized  to  grant  permits  to  unload 
at  any  port  within  their  districts,  respectively,  and  to  appoint  and  put 


'  See  sec.  2640,  first  clause.  tSee  sec.  2640,  first  clause. 


310  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

on  board  any  vessel  for  which  such  a  permit  is  granted  one  or  more  in- 
spectors, as  may  be  necessary  for  the  security  of  the  revenue. 

Sec.  2562.  There  shall  be  in  the  State  of  Florida  seven  collection-dis- 
tricts, as  follows: 

First.  The  district  of  Fernandina;  to  comprise  all  the  waters  and 
shores  in  the  county  of  Nassau  as  bounded  on  the  third  day  of  March^ 
eighteen  hundred  and  fifty-seven;  in  which  Fernandina  sbal]  be  the 
port  of  entry. 

Second.  The  district  of  Saint  John's;  to  comprise  all  the  waters  and 
shores  from  the  southern  boundary  of  the  county  of  Nassau,  as  bounded 
on  the  third  day  of  March,  eighteen  hundred  and  fifty  seven,  to  the 
soutli  side  of  the  Saint  John's  Kiver;  in  which  such  place,  on  the  Saint 
John's  Eiver,  as  the  President  may  direct,  shall  be  the  port  of  entry,  and 
Pilatka  a  port  of  delivery. 

Third.  The  district  of  Saint  Augustine;  to  comprise  all  the  waters 
and  shores  from  the  south  side  of  Saint  John's  River  to  and  including 
Indian  Eiver;  in  which  Saint  Augustine  shall  be  the  port  of  entry. 

Fourth.  The  district  of  Key  West;  to  comprise  all  the  waters  and 
shores  from  Indian  Paver  to  and  including  Tampa  Bay,  and  of  the 
islands  opposite  and  nearest  thereto;  in  which  Key  West  shall  be  the 
poit  of  entrv. 

Fifth.  The  district  of  Saint  Mark's;  to  comprise  all  the  waters  and 
shores  from  Tami)a  Bay  to  and  including  Oklokonee  Bay;  in  which 
Cedar  Keys  shall  be  the  port  of  entry,  and  Saint  Mark's,  Bayport,  and 
Magnolia,"^  ports  of  delivery. 

Sixth.  The  district  of  Apalachicola ;  to  comprise  all  the  waters  and 
shores  from  Oklokonee  Bay  to  Cape  San  Bias;  in  which  such  place  as 
the  l*resident  may  designate  shall  be  the  port  of  entry. 

Seventh.  The  district  of  Pensacola;  to  comprise  all  the  waters  and 
shores  of  the  State  of  Florida  west  of  Cape  San  Bias ;  in  which  Pensa- 
cola shall  be  the  port  of  entry ;  and  the  President  may  establish  such 
ports  of  delivery  in  the  districts  of  Florida  as  he  may  deem  expedient ; 
and  for  each  port  of  delivery  so  established  he  shall  appoint  a  surveyor, 
to  reside  at  the  port  for  which  he  is  appointed. 

Sec.  25G3.  There  shall  be  in  the  collection  districts  in  the  State  of 
Florida  the  following  ofiicers: 

First.  In  the  district  of  Fernandina,  a  collector.* 

Second.  In  the  district  of  Saint  John's,  a  collector,  who  shall  reside 
at  such  place  as  the  President  nuiy  designate  as  a  port  of  entry,  and  a 
surveyor  who  shall  reside  at  Pilatka. 

Third.  In  the  district  of  Saint  Augustine,  a  collector,  who  shall  reside 
at  Saint  Augustine. 

Fourth.  In  the  district  of  Key  West,  a  collector,  who  shall  reside  at 
Key  West. 

Fifth.  In  the  district  of  Saint  Mark's,  a  collector,  who  shall  reside  at 
Cedar  Keys,  and  a  surveyor  who  shall  reside  at  Bayport. 

Sixth.  In  the  district  of  Apalachicola,  a  collector,  who  shall  reside  at 
the  port  of  entry. 

Seventh.  In  the  district  of  Pensacola,  a  collector,  who  shall  reside  at 

Sec.  2564.  There  shall  be  in  the  State  of  Alabama  one  collection-dis- 
trict, as  follows : 

The  district  of  Mobile,  to  comprise  all  the  waters  and  shores  of  the 
river  Mobile,  and  of  the  other  rivers,  creeks,  inlets,  and  bays  emptying 

*  See  sec.  2640,  first  clause. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  311 

into  the  Gulf  of  Mexico,  within  the  State  ;  in  wliich  Mobile  shall  be  the 
port  of  entry,  and  Selina,  in  the  State  of  Alabama,  shall  be  a  port  ot 
delivery. 

Sec.  2565.  There  shall  be  in  the  collection-district  of  Alabama  a  col- 
lector and  an  appraiser,  who  shall  reside  at  the  port  of  Mobile,  and  a 
surveyor  who  shall  reside  at  Selma. 

Sec.  2506.  There  shall  be  in  the  State  of  Mississippi  three  collection- 
districts,  as  follows : 

First.  The  district  of  Pearl  Eiver ;  to  comprise  all  the  waters  and 
shores  of  the  Gulf  of  Mexico  and  of  Lake  Borgne,  within  the  State ;  in 
which  Shieldsborouo-h  shall  be  the  port  of  entry,  and  Pearlington  and 
Shi])  Island  ports  of  delivery. 

Second.  The  district  of  Natchez;  to  comprise  all  the  waters  and 
shores  of  the  Mississijjpi  River  within  the  State  of  Mississippi  south  of 
the  range  line  between  townshi])s  thirteen  and  fourteen  ;  in  which  Nat- 
chez shall  be  the  port  of  entry,  and  Grand  Gulf  a  port  of  delivery. 

Third.  The  district  of  Vicksburgh ;  to  comprise  all  the  waters  and 
shores  of  the  Mississippi  Eiver  within  the  State  of  Mississippi  north  of 
the  range-line  between  townships  thirteen  and  fourteen;  in  which  Yicks- 
burgh  shall  be  the  port  of  entry. 

Sec.  2567.  There  shall  be  in  the  collection-districts  in  the  State  of 
Mississippi  the  following  officers : 

First.  In  the  district  of  Pearl  River,  a  collector,  who  shall  reside  at 
the  port  of  Shieldsborough;  and  h  deputy  collector,  who  shall  reside  at 
Ship  Island,  and  shall  be  authorized  to  perform  the  duties  of  a  collector. 

Second.  In  the  district  of  Natchez,  a  collector,  who  shall  reside  at 
Natchez. 

Third.  In  the  district  of  Vicksburgh,  a  collector.* 

Sec.  2568.  There  shall  be  in  the  State  of  Louisiana  two  collection- 
districts,  as  follows : 

First.  The  district  of  New  Orleans ;  to  comprise  all  the  waters  and 
shores  of  the  State  of  Louisiana  east  of  and  including  the  northern  por- 
tion of  the  Atchafalaya  River  down  to  a  point  due  west  from  the  north- 
ern boundary  of  the  town  of  Plaquemine,  in  the  parish  of  Iberville, 
and  east  of  the  Bayou  Lafourche,  and  all  the  waters  and  shores  of  the 
Mississippi  River,  and  of  the  rivers  which  empty  into  it,  or  any  of  its 
branches,  except  the  waters  and  shores  within  the  State  of  Mississippi, 
and  except  the  west  bank  of  the  Mississippi  Kiver  between  the  towns 
of  Plaquemine,  in  the  parish  of  Iberville,  and  Donaldsonville,  in  the 
parish  of  Ascension  ;  in  which  New  Orleans  shall  be  the  port  of  entry, 
to  include  the  parish  of  Orleans,  and  that  portion  of  the  parish  of  Jeff- 
erson lying  between  the  Mississippi  River  and  Lake  Pontchartrain,  and 
between  the  upper  line  of  the  parish  of  Orleans,  left  bank,  and  a  line 
running  parallel  thereto,  commencing  at  the  Mississippi  Kiver,  at  the 
upper  line  of  the  city  of  CarroUton,  and  extending  to  Lake  Pontchar- 
train ;  and  the  ports  of  delivery  shall  be  as  follows: 

Bayou  Saint  John. 

Pontchartrain,  on  Lake  Pontchartrain. 

Pittsburgh,  in  Pennsylvania. 

Wheeling,  in  West  Virginia. 

Cincinnati,  in  Ohio. 

Louisville,  in  Kentucky. 

Saint  Louis,  in  Missouri. 

Nashville,  in  Tennessee. 


See  sec.  2640,  first  clause. 


312  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Memphis,  ill  Teuiiessee. 

Es^aiisville,  in  Indiana. 

Ifew  Albany,  in  Indiana. 

Burlington,  in  Iowa, 

Oalena,  in  Illinois. 

Alton,  in  Illinois. 

■Quincy,  in  Illinois. 

Lakeport,  to  include  the  lake  terminus  of  the  new  canal. 

Madison,  in  Indiana. 

Paducah,  in  Kentucky. 

Jeffersonville,  in  Indiana. 

Cairo,  in  Illinois. 

Keokuk,  in  Iowa. 

Dubuque,  in  Iowa. 

Parkersburgh,  in  West  Yirginia. 

Leavenworth,  in  Kansas. 

Omaha,  in  Nebraska. 

Kansas  City,  in  Missouri, 

Saint  Joseph,  in  Missouri. 

Shreveport. 

La  Crosse,  in  Wisconsin. 

Second.  The  district  of  the  Teche;  to  comprise  all  the  waters  and 
shores  of  that  part  of  the  State  of  Louisiana  commencing  at  the  town  of 
Plaqueraine,  in  the  parish  of  Iberville;  thence  down  the  western  bank 
of  the  Mississippi  Kiver  to  the  town  of  Donaldsonville,  in  the  parish  of 
Ascension ;  thence  down  the  Bayou  Lafourche  and  along  its  eastern 
bank  to  the  sea ;  thence  westerly  along  the  coast  to  the  mouth  of  the 
Sabine  River :  thence  up  the  Sabine  River  and  along  its  eastern  bank 
to  a  point  due  west  from  the  town  of  Plaquemine  ;  and  thence  to  the 
I)lace  of  beginning;  in  which  Brashear,  in  the  parish  of  Saint  Mary, 
shall  be  the  port  of  entry. 

Skc.  2569.  There  shall  be  in  the  collection-districts  in  the  State  of 
Louisiana  the  following  officers  : 

First.  In  the  district  of  New  Orleans,  a  collector,  a  naval  officer,  a 
surveyor,  two  appraisers,  and  one  assistant  appraiser,  and  a  special  ex- 
aminer of  drugs,  medicines,  and  chemicals,  who  shall  reside  at  the  port 
of  New  Orleans;  a  deputy  collector,  who  shall  reside  at  Shreveport,  in 
the  State  of  Louisiana;  and  for  each  of  the  other  ports  of  delivery 
named  in  the  preceding  section,  a  surveyor,  who  shall  reside  at  such 
port,  and  shall,  in  ailditiou  to  the  c  istomary  duties  devolving  upon  such 
officer,  perform  the  <luties  specially  prescribed  by  law  with  respect  to 
merchandise  imported  into  that  particular  port.  And  for  each  of  the 
ports  of  Cincinnati,  Louisville,  Evansville,  Saint  Louis,  and  Memphis, 
there  shall  be  appointed  an  appraiser,  who  shall  reside  at  such  port. 

Second.  In  the  district  of  Teche,  a  collector,  who  shall  reside  at  Bra- 
shear. 

Sec.  2570.  The  master  of  every  vessel,  bound  to  a  port  of  delivery 
only,  other  tlian  the  i)ort  of  Bayou  Saint  John,  in  the  district  of  New- 
Orleans,  shall  first  come  to  at  the  port  of  New  Orleans  with  his  vessel, 
and  there  make  report  and  entry,  in  writing,  and  pay,  or  secure  to  be 
paid,  all  legal  duties,  ])ortfees,  and  charges,  in  manner  provided  bylaw, 
before  such  vessel  shall  proceed  to  her  port  of  delivery  ;  and  any  vessel, 
bound  to  the  port  of  Bayou  Saint  John,  may  tirst  proceed  to  that  port, 
and  afterward  make  report  and  entry  at  the  port  of  New  (Jrleaus,  within 
the  time  by  law  limited  ;  and  tlie  master  of  every  vessel,  arriving  from 
a  foreign  port,  or  having  goods  on  board  of  which  the  duties  have  not 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       313 

been  paid  or  secured  aud  bound  to  any  port  within  tbe  district  of  Xew 
Orleaus,  other  than  ^ew  Orleans  or  Bayou  Saint  John,  shall  take  an 
inspector  on  board  at  Xew  Orleans  before  proceeding-  to  such  port.  If 
any  master  of  a  vessel  shall  proceed  to  such  port  of  delivery,  contrary  to 
the  directions  of  this  section,  he  shall  be  liable  to  a  penalty  of  five  hun- 
dred dollars. 

Sec.  2571.  All  vessels  bound  to  the  port  of  Bayou  Saint  John  shall, 
after  proceeding  thereto,  and  making-  report  and  entry  at  the  port  of 
isew  Orleaus,  within  the  time  limited  by  law,  be  i)ermitted  to  unlade 
their  cargoes  at  the  town  of  the  Bayou  Saint  John,  or  at  the  basiu  of  the 
canal  of  Carondelet,  adjoining-  the  city  of  New  Orleans,  under  the  rules 
and  regulations  prescribed  by  law. 

Sec.  2572.  All  vessels  bound  to  the  ])ort  of  Lakeport  shall,  after  pro- 
ceeding thereto  and  making  report  and  entry  at  the  port  of  Xew  Orleans, 
within  the  time  limited  by  law,  be  permitted  to  unlade  their  cargoes  at 
that  port,  under  the  regulations  prescribed  by  law. 

Sec.  2573.  All  vessels  about  to  depart  from  the  port  of  Lakeport  to 
foreign  ports  shall  pe  permitted  to  clear  with  their  cargoes  at  the  cus- 
tom-house, in  the  city  of  New  Orleans,  and  depart  under  the  same  rules, 
regulations,  and  restrictions,  and  in  every  respect  in  the  same  manner 
as  vessels  clearing-  for  foreign  ports  from  the  city  of  New  Orleans  by  the 
way  of  the  Mississippi  Kiver. 

Sec.  2574,  All  vessels  bound  to  the  port  of  Poutchartrain  shall,  after 
proceeding  thereto,  and  making-  report  and  entry  at  the  port  of  New 
Orleans,  within  the  time  limited  by  law,  be  permitted  to  unlade  their 
cargoes  at  the  port  of  Pontchartrain  under  the  regulations  prescribed 
by  law. 

Sec.  2575.  All  vessels  about  to  depart  for  foreign  ports  from  the  town 
of  Bayou  Saint  John,  or  basin  of  the  canal  de  Carondelet,  or  the  port  of 
Pontchartrain,  shall  be  permitted  to  clear  with  their  cargoes  at  the  cus- 
tom-house in  the  city  of  New  Orleans,  and  depart  under  the  same  regu- 
lations as  vessels  clearing  for  foreign  places  from  the  city  of  New 
Orleans  by  the  way  of  the  Mississippi  River. 

Sec.  2576.  The  collector  for  the  district  of  New  Orleans  may,  when 
the  public  service  requires,  with  the  approval  of  the  Secretary  of  the 
Treasury,  appoint,  in  addition  to  the  inspectors  otherwise  authorized  by 
law,  temporary  inspectors,  not  exceeding-  twenty  in  number.  But  this 
section  shall  not  be  deemed  to  authorize  the  whole  number  of  inspectors 
employed  at  the  port  of  New  Orleans  to  be  at  any  time  greater  than  the 
actual  number  of  vessels  from  foreign  ports,  having  cargoes  to  be  dis- 
charged, then  lying  in  the  port. 

Sec.  2577.  Xiio  collector  of  the  customs  at  tbe  port  of  New  Orleans 
may  ai)point,  with  the  approbation  of  the  Secretary  of  the  Treasury, 
three  head  gangers  for  the  port. 

Sec.  2578.  There  shall  be  in  the  State  of  Texas  five  collection-districts, 
as  follows: 

First.  The  district  of  Galveston ;  to  comprise  all  the  waters  and  shores 
of  the  Sratt'  north  and  east  of  the  counties  of  Matagorda  and  Wharton 
as  bounded  on  tlie  tliird  day  of  ?>Iarch,  eighteen  hundred  and  forty-seven; 
in  which  (ialveston  shall  be  the  port  of  entry,  and  Sabine,  Velasco,  and 
Houston  ports  of  delivery. 

Second.  The  district  of  Saluria;  to  comprise  all  the  waters  and  shores 
of  the  State  from  and  including  the  counties  of  Matagorda  and  Wharton 
as  bounded  on  the  third  day  of  March,  eighteen  hundred  and  forty-seven, 
to  the  county  of  Refugio  as  bounded  on  the  twenty-eighth  day  of  July, 


314  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

eighteen  liimdred  aud  forty-seven;  in  which  *lndianola  shall  be  the  port 
of  entry,  and  Matagorda,  Oopano,  Lavaca,  and  San  Antonio,  ports  of 
delivery. 

Third.  The  district  of  Corpus  Christi;  to  comprise  all  the  waters  and 
shores  within  the  counties  of  Xueces,  Zapata,  Duval,  Enciuao,  Webb, 
La  Salle,  McMulIen,  Live  Oak,  Bee,  Refugio,  and  San  Patricio,  as 
bounded  on  the  twenty-eighth  day  of  July,  eighteen  hundred  and  sixty- 
six;  in  which  Corpus  Christi  shall  be  the  port  of  entry,  and  Aransas  a 
port  of  delivery. 

Fourth.  The  district  of  Brazos  de  Santiago ;  to  comprise  all  the  waters 
and  shores  of  the  State  south  of  the  district  of  Corpus  Christi;  in  which 
Brownsville  shall  be  the  port  of  entry. 

t Fifth.  The  district  of  Paso  O.el  I^orte;  to  comprise  the  county  of  EI 
Paso,  in  Texas,  aud  the  Territory  of  New  Mexico  as  bounded  on  the 
second  day  of  August,  eighteen  hundred  and  fifty-four;  in  which  El 
Paso  shall  be  the  port  of  entry. 

Sec.  2579.  There  shall  be,  in  the  collection-districts  in  the  State  of 
Texas,  the  following  officers: 

First.  In  the  district  of  Galveston,  a  collector,  who  shall  reside  at 
Galveston ;  a  deputy  collector,  who  shall  reside  at  Sabine,  and  shall 
exercise  such  powers  as  the  Secretary  of  the  Treasury  may  prescribe  in 
pursuance  of  law;  a  surveyor,  who  shall  reside  at  Velasco,  and  a  sur- 
veyor who  shall  reside  at  Houston. 

Second.  In  the  district  of  Saluria,  a  collector,  who  shall  reside  at  In- 
dianola,  a  surveyor  who  shall  reside  at  Matagorda,  and  a  surveyor  who 
shall  reside  at  Lavaca,  [and]  a  surveyor,  who  shall  reside  at  Copano. 

Third.  In  the  district  of  Corpus  Christi,  a  collector,  who  shall  reside 
at  Corpus  Christi. 

Fourth.  In  the  district  of  Brazos  de  Santiago,  a  collector,  who  shall 
reside  at  Brownsville;  and  a  deputy  collector,  who  shall  reside  at 
Brazos  de  Santiago,  and  shall  have  the  power  to  enter  and  clear  vessels. 

Fifth.  In  the  district  of  Paso  del  Norte,  a  collector,  who  shall  reside 
at  El  Paso. 

tSEC.  2580.  The  Secretary  of  the  Treasury  shall  appoint  inspectors 
of  the  customs  to  reside  at  San  Antonio,  Eagle  Pass,  the  Presidio  del 
Norte,  aud  San  Elizario,  or  at  such  other  points  as  he  may  designate, 
not  exceeding  four  in  number,  upon  the  routes  by  which  goods  entered 
and  bonded  and  withdrawn  from  warehouse  may,  in  pursuance  of  law, 
be  exported  to  Mexico ;  and  such  inspectors  shall  make  a  report  semi- 
annually to  the  Secretary  of  the  Treasury  of  all  the  trade  that  passes 
under  inspection,  stating  the  number  of  packages,  description  of  goods, 
their  value,  and  the  names  of  the  exporters. 

§  Sec.  2581.  All  merchandise  transported  in  bond  tothe  port  of  Browns- 
ville from  any  other  port  of  the  United  States,  by  Brazos  Harbor,  may, 
on  arrival  in  that  harbor,  be  transshipped  under  such  regulations,  not 
inconsistent  with  law,  as  the  Secretary  of  the  Treasury  may  prescribe, 
in  other  vessels  for  transportation  by  the  Rio  Grande  to  Brownsville ; 
and  all  merchandise  imported  into  the  district  by  Brazos  Harbor,  from 
any  foreign  country,  may  in  like  manner  be  transshipped  to  Brownsville 
as  provided  for  goods,  wares,  and  merchandise  transshipped  in  bond. 

Sec.  2582.  There  shall  be  in  the  State  of  California  two  collection- 
districts,  as  follows  : 

First.  The  district  of  San  Diego;  to  comprise  all  the  waters  and 


*  See  sec.  3004. 

tSee  sec.  19-^8. 

i  See  sees.  3003  and  3004. 

^  See  sec.  3002. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  315 

shores  of  the  couuties  of  Sauta  Barbara,  Los  Angeles,  San  Bernardo, 
and  San  Diego ;  in  which  San  Diego,  on  the  Bay  of  San  Diego,  shall 
be  the  sole  port  of  entry,  and*  San  Pedro  and  Santa  Barbara  ports  of 
delivery. 

Second.  The  district  of  San  Fraacisco ;  to  comprise  all  the  waters 
and  shores  of  the  State  north  of  the  counties  of  Santa  Barbara,  Los 
Angeles,  and  San  Bernardo,  in  which  San  Francisco  shall  be  the  port 
of  entry,  and  Eureka  and  Vallejo  ports  of  delivery. 

Sec.  2583.  There  shall  be  in  the  collection-districts  of  California  the 
following  officers : 

First.  In  the  district  of  San  Diego,  a  collector,  who  shall  reside  at 
San  Diego,  and  two  inspectors,  to  be  appointed  by  the  collector,  with 
the  approval  of  the  Secretary  of  the  Treasury,  for  the  ports  of  San 
Pedro  and  Santa  Barbara. 

Second.  In  the  district  of  San  Francisco,  a  collector,  a  naval  officer^ 
a  surveyor,  who  shall  reside  at  San  Francisco,  two  appraisers,  two  assist- 
ant appraisers,  and  aspecial  examiner  of  drugs,  medicines,  and  chemicals; 
a  deputy  collector  who  shall  resid  e  at  Eureka,  a  deputy  collector  who 
shall  reside  at  Vallejo,  an  inspector  at  Monterey,  an  inspector  at  Sacra- 
mento, an  inspector  at  Beuicia,  and  an  inspector  at  Stockton. 

Sec.  2584.  Any  vessel  of  five  hundred  tons,  or  over,  coining  from  or 
going  to  sea,  may  proceed  directly  to  or  from  the  port  of  Vallejo,  and 
report  through  the  deputy  collector  at  that  port  to  the  collector  of 
customs  at  San  Francisco. 

Sec.  2585.  Any  vessel  of  one  hundred  tons  or  over,  coming  from  or 
going  to  sea,  may  proceed  directly  to  or  from  either  the  port  of  Eureka 
or  the  port  of  Wilminfjton,\  and  report  through  the  deputy  collector  of 
such  port  to  the  collector  of  customs  at  San  Francisco. 

Sec.  258G.  There  shall  be  in  the  State  of  Oregon  and  Territory  of 
Washington  four  collection-districts,  as  follows : 

First.  The  southern  district  of  Oregon,  to  comprise  all  the  waters  and 
shores  of  tliat  part  of  the  State  of  Oregon  lying  south  and  east  of  the  north 
bank  of  the  Siuslaw  Kiver;  in  which  Coos  Bay,  in  Coos  County,  shall 
be  the  port  of  entry,  and  EUensberg,  at  the  mouth  of  Rogue  Kiver,  Port 
Orford,  and  Gardner,  on  the  Umpqua  River,  ports  of  delivery. 

Second.  The  district  of  Oregon  ;  to  comprise  all  the  waters  and  shores- 
lying  north  and  east  of  the  north  bank  of  the  Siuslaw  River  to  the  forty- 
sixth  and  a  half  degree  of  north  latitude,  and  west  of  the  coast  range 
of  mountaius  to  the  forty-eighth  degree  of  north  latitude,  except  that 
portion  situated  above  the  junction  of  the  Willamette  and  Columbia 
Rivers  and  drained  by  those  rivers  and  their  tributary  waters;  in  which 
Astoria  shall  be  the  port  of  entry! 

Third.  The  district  of  ^Villamette;  to  conii)rise  all  the  waters  and 
shores  lying  north  and  east  of  the  north  bank  of  Siuslaw  River  to  the 
forty-sixth  and  a  half  <logree  of  north  latitude  and  west  of  the  coast 
range  of  mountains  to  the  forty-eighth  degree  of  north  latitude,  above 
the  junction  of  the  Willamette  and  ColumbiaRivers  and  drained  by  those 
rivers  and  their  tributary  waters;  in  which  Portland  shall  be  the  port 
of  entry. 

Fourth.  The  district  of  Puget  Sound  ;  to  comprise  all  the  waters  and 
shores  of  the  State  of  Oregon  an<l  Territory  of  Washington  not  included 
in  the  districts  of  the  southern  district  of  Oregon,  Oregon,  and  Willa- 
mette; in  which  Port  Townsend  shall  be  the  port  of  entry. 

*  Name  of  San  Pedro  chanj^ed  to  Wilmington.     (See  Act  of  June  6,  187-1.) 
t Wilmington  is  now  in  the  district  of  San  Diego;  see  sec,  25i~2,  first  subdivision, 
and  note  ;  also  Act  of  March  '3,  ld7;i,  chap.  253. 


316  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Sec.  2587.  There  shall  be  in  the  collection-districts  in  the  State  of 
Oregon  and  the  Territory  of  Washiu.aton  the  following:  officers: 

First.  In  the  sonthern  district  of  Oregon,  a  collector,  who  shall  reside 
at  Empire  City,  and  three  deputy  collectors,  who  may  be  appointed  by 
the  collector,  with  the  approval  of  the  Secretary  of  the  Treasury,  and 
of  whom  one  shall  reside  at  Elleusberg,  one  at  Port  Orford,  and  one  at 
Gardner. 

Second.  In  the  distric":  of  Oregon,  a  collector,  who  shall  reside  at 
A  siriTi  n 

Third.  In  the  district  of  Willamette,  a  collector,  and  an  appraiser 
-who  shall  reside  at  Portland. 

Fourth.  In  the  district  of  Puget  Sound,  a  collector,  who  shall  reside 
at  Port  Townsend. 

Sec.  2588.  The  master  of  every  vessel  entering  the  Columbia  River 
from  the  sea,  and  bound  for  Portland,  in  the  district  of  Willamette, 
shall  exhibit  his  papers  to  the  collector  of  the  port  of  Astoria,  and  de- 
posit with  him  a  sworn  copy  of  the  manifest  of  cargo.  If  the  vessel  is 
laden  with  domestic  merchandise  or  merchandise  iu  bond  for  Portland, 
the  collector  at  Astoria  shall  permit  her  to  proceed  to  her  place  of  des- 
tination; but  if  she  has  dutiable  merchandise  on  board  not  bonded,  he 
shall  cause  a  customs  officer  to  proceed  on  board  the  vessel  to  Portland, 
who  shall  see  that  no  goods  are  landed  from  such  vessel  before  her  ar- 
rival and  entry  at  the  latter  port.  The  necessary  expenses,  including 
the  per  diem  of  such  officer  and  the  expense  of  his  return  to  Astoria, 
shall  be  paid  by  the  master  of  such  vessel  to  the  collector  of  customs  at 
Portland,  for  the  use  of  the  United  States,  before  permit  shall  be  given 
to  unload. 

Sec.  2589.  All  vessels  clearing  from  Portland,  in  the  district  of  Wil- 
lamette, and  bound  to  sea,  shall,  on  arrival  at  Astoria,  in  the  district  of 
Oregon,  report  to  the  collector ;  and  the  master  of  every  vessel  so  re- 
porting shall  leave  a  copy  of  his  manifest,  including  any  additional  cargo 
taken  on  board  after  leaving  Portland,  with  the  collector  at  Astoria,  and 
thereupon  shall  be  allowed  to  proceed  to  sea.  The  master  or  other  person 
in  charge  or  command  of  any  vessel  entering  the  Columbia  River  from 
the  sea,  or  clearing  from  Portland  and  bound  to  sea  as  described  in  this 
section,  who  shall  neglect  to  exhibit  his  papers,  or  to  report  to  the  col- 
lector, or  to  deposit  his  manifest,  as  herein  required,  shall  be  liable  to 
a  penalty  of  one  hundred  dollars. 

Sec.  2590.  When  a  vessel  shall  arrive  at  Astoria,  in  the  district  of 
Oregon,  from  sea,  having  merchandise  on  board  for  that  place  and  also 
for  Portland,  in  the  district  of  Wiljamette,  such  vessel  shall  enter  at 
Astoria  and  discharge  such  portion  of  her  cargo  as  is  destined  for  that 
place,  whereupon  the  collector  shall  cause  her  hatches  to  be  closed  and 
sealed,  and  shall  then  permit  her  to  pi  oceed  to  Portland  iu  charge  of  a 
<}ustoms  officer. 

Sec.  2591.  There  shall  be  in  the  Territory  of  Alaska  one  collection- 
district,  as  follows : 

The  district  of  Alaska;  to  comprise  all  the  Territory  of  Alaska;  in 
which  Sitka  shall  be  the  port  of  entry. 

Sec.  2592.  There  shall  be  in  the  collection-district  of  Alaska  a  col- 
lector, who  shall  reside  at  Sitka. 

Sec.  2593.  There  shall  be  in  the  Territories  of  Montana  and  Idaho 
one  collection-district,  as  follows  : 

The  district  of  Montana  and  Idaho ;  to  comprise  the  Territories  of 
Montana  and  Idaho,  as  bounded  on  the  thirteenth  day  of  April,  eighteen 


NAVIGATION   LAWS    OF    THE    UNITED    STATES.  317 

hundred  and  sixty-six.  The  port  of  entry  shall  be  designated  by  the 
Secretary  of  the  Treasury. 

Seo.  2594.  There  shall  be  in  the  collection-district  of  Montana  and 
Idaho  a  collector,  who  shall  reside  at  the  port  of  entry. 

Sec.  2595.  There  shall  be  in  the  State  of  Minnesota  two  collection- 
districts,  as  follows: 

First.  The  district  of  Minnesota ;  to  comprise  all  the  Territory  of  the 
United  States  north  of  the  States  of  Wisconsin  and  Iowa  and  east  of 
the  Territory  of  Montana,  as  bounded  on  the  thirteenth  day  of  April, 
eighteen  hundred  and  sixty-six,  except  the  waters  and  shores  of  Lake 
Superior  and  the  rivers  connected  therewith  ;  in  which  Pembina  shall 
be  the  port  ot  entry,  and  Saint  Paul  a  port  of  delivery. 

Second.  Tbedistrictof  Du  Luth ;  to  compriseall  the  waters  and  shores 
of  Lake  Superior  and  the  rivers  connected  therewith,  witliin  the  State 
of  Minnesota  ;  in  which  Du  Luth  shall  be  the  port  of  entry. 

Sec.  2596.  There  shall  be  in  the  collection-districts  of  Minnesota  the 
following"  officers : 

First.  In  the  district  of  Minnesota,  a  collector,  who  shall  reside  at 
Pembina,  and  a  deputy  collector,  who  shall  reside  at  Saint  Paul. 

Second.  In  the  district  of  Du  Luth,  a  collector,  who  shall  reside  at 
Du  Luth. 

Sec.  2597.  There  shall  be  in  the  State  of  Wisconsin  one  collection- 
district,  as  follows : 

The  district  of  Milwaukee ;  to  comprise  all  the  waters  and  shores  of 
Lake  Slichigan  within  the  State  of  Wisconsin ;  in  which  Milwaukee 
shall  be  the  port  of  entry,  and  Kenosha,  Racine,  Sheboygan,  Green 
Bay,  and  Depere,  ports  of  delivery. 

Sec.  2598.  There  shall  be  in  the  collection- districts  of  Wisconsin  the 
following  officers : 

In  the  district  of  Milwaukee,  a  collector  and  an  appraiser,  who  shall 
reside  at  Milwaukee,  and  a  deputy  collector  at  each  of  the  ports  of  Ke- 
nosha, Racine,  Sheboygan,  Green  Baj',  and  Depere. 

Sec.  2599.  There  shall  be  in  the  State  of  Michigan  four  collection-dis- 
tricts, as  follows : 

First.  The  district  of  Michigan  ;  to  compi-ise  all  the  waters  and  shores 
of  the  State  of  Michigan  lying  west  of  the  principal  meridiaa  and  south 
of  the  latitudinal  line  dividing  township  number  forty-thret-  from  town- 
ship number  forty-four  north  of  the  base-line  of  the  State,  except  the 
territory  bordering  Green  Bay,  and  including  the  island  of  Bois  Blanc; 
in  \shich  Grand  Haven  shall  be  the  port  of  entry,  and  Duncan  City  a 
port  of  delivery. 

Second.  The  district  of  Huron  ;  to  comprise  all  the  waters  and  shores 
of  the  Saint  Clair  River,  and  of  the  counties  of  Saint  Clair,  Lapeer,, 
Tuscola,  and  Saginaw,  as  bounded  on  the  thirteenth  day  of  April', 
eighteen  hundred  and  sixty-six,  and  of  all  the  territory  of  the  State  of 
Michigan  lying  north  of  those  counties  and  east  of  the  principal  me- 
ridian ;  in  which  Port  Huron  shall  be  the  port  of  entry. 

Third.  The  district  of  Detroit ;  to  comprise  all  the  waters  and  shores 
of  Lake  Erie  and  Lake  Saint  Clair,  and  the  waters  connected  therewith^ 
within  the  Jurisdiction  of  the  United  States,  from  the  Miami  River  to 
the  mouth  of  the  Saint  Clair  River;  in  which  Detroit  shall  be  the  port 
of  entry.  And  the  President  is  authorized  to  establish  wirhiu  the  dis- 
trict of  Detroit  two  ports  of  delivery. 

Fourth.  The  district  of  Sa])erior;  to  comprise  all  the  waters  and 
shores  of  that  part  of  the  upi)er  peninsula  of  the  State  of  Michigan  lying; 
east  of  the  principal  meridian,  all  the  islands  in  and  bordering  upon 


318  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

the  Sainte  Marie  River,  and  all  that  part  of  the  State  of  Michigan  lying 
west  of  the  principal  meridian  and  north  of  the  latitudinal  line  dividing 
township  number  forty-three,  from  township  number  forty-four  north  of 
the  base-line  of  that  State,  including  the  territory  in  the  State  bordering 
Green  Ray,  together  with  all  the  islands,  waters,  and  shores  of  Lake 
Superior,  and  the  adjacent  territory  to  the  head- waters  of  all  the  rivers 
and  streams  tributary  thereto  and  within  the  States  of  Michigan  and 
Wisconsin ;  in  which  Marquette  shall  be  the  port  of  entry,  and  Sault 
Sainte  Marie  and  Mackinaw  ports  of  delivery. 

Sec.  2600.  There  shall  be  in  the  collection-districts  of  Michigan  the 
following  officers  : 

First.  In  the  district  of  Michigan,  a  collector,  who  shall  reside  at 
Grand  Haven, 

Second.  In  the  district  of  Huron,  a  collector,  who  shall  reside  at  Port 
Huron. 

Third.  In  the  district  of  Detroit,  a  collector,  and  an  appraiser,  who 
shall  reside  at  Detroit,  and  a  surveyor  at  each  of  the  two  ports  of  de- 
livery designated  by  the  President. 

Fourth,  in  the  district  of  Superior,  a  collector,  who  shall  reside  at 
Marquette,  a  deputy  collector,  who  shall  reside  at  Sault  Sainte  Marie, 
and  a  deputy  collector,  who  shall  reside  at  Mackinaw. 

Sec.  2601.  There  shall  be  in  the  States  of  Indiana  and  Illinois  one 
collection-district,  as  follows : 

The  district  of  Chicago ;  to  comprise  all  the  waters  and  shores  of 
Lake  Michigan  within  the  States  of  Indiana  and  Illinois  ;  in  which  Chi- 
cago shall  be  the  port  of  entry,  and  Waukegan  and  Michigan  City  ports 
of  delivery. 

Sec.  2602.  There  shall  be  in  the  collection-district  of  Indiana  and  Illi- 
nois the  following  officers : 

First,  in  the  district  of  Chicago,  a  collector,  and  an  appraiser,  who 
shall  reside  at  Chicago ;  a  deputy  collector,  who  shall  reside  at  Wauke- 
gan ;  and  a  surveyor,  who  shall  reside  at  Michigan  City. 

Sec.  2603,  There  shall  be  in  the  State  of  Ohio  three  collection-districts, 
as  follows : 

First.  The  district  of  Miami ;  to  comprise  all  the  waters  and  shores 
of  Lake  Erie  within  the  jurisdiction  of  the  United  States,  from  the  west- 
ern cape  of  Sandusky  Bay  to  the  western  bank  of  the  Miami  River;  in 
which  Toledo  shall  be  the  port  of  entry.  And  the  President  is  author- 
ized to  establish  two  ports  of  delivery  in  said  district. 

Second.  The  district  of  Sandusky;  to  comprise  all  the  waters  and 
shores  of  Lake  Erie,  within  the  jurisdiction  of  the  United  States,  from 
the  western  bank  of  the  Vermillion  River  to  the  western  cape  of  San- 
dusky Bay;  in  which  Sandusky  shall  be  the  port  of  entry. 

Third.  The  district  of  Cuyahoga;  to  comprise  all  the  waters  and 
shores  of  Lake  Erie,  within  the  jurisdiction  of  the  United  States,  from 
the  western  boundary  of  the  State  of  Pennsylvania  to  the  western  bank 
of  the  Vermillion  River.  The  President  is  authorized  to  designate  such 
place  as  he  shall  deem  expedient  to  be  the  port  of  entry;  and  Fairport 
and  two  other  places  which  may  be  established  by  the  President  shall 
be  ports  of  delivery. 

Sec.  2604.  There  shall  be  in  the  collection -districts  of  Ohio  the  fol- 
lowing officers : 

First.  In  the  district  of  Miami,  a  collector,  who  shall  reside  at  Toledo. 

Second.  In  the  district  of  Sandusky,  a  collector,  who  shall  reside  at 
Sandusky. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  319 

Third.  In  the  district  of  Cuyahoga,  a  collector,  who  shall  reside  at 
Cleveland;  and  an  appraiser  at  Cleveland. 

Sec.  2605.  The  Secretary  of  the  Treasury  may  appoint,  whenever  he 
deems  it  necessary,  additional  inspectors  of  the  revenue  for  the  districts 
named  below,  as  follows:  Passamaquoddy,  four;  Portland  and  Fal- 
mouth, eight ;  Boston  and  Charlestown,  fourteen  ;  Pembina,  two;  Chi- 
cago, eight;  Superior,  two;  Sandusky,  one;  Cuyahoga,  three;  Erie, 
one  ;  Dunkirk,  one ;  Buffalo,  six ;  ISiagara,  two ;  Genesee,  two;  Oswego, 
five;  Oswegatchie,  two;  Champlain,  four;  Vermont,  two. 

Sec.  2G06.  At  each  of  the  ports  of  Providence,  Norfolk,  Portland  in 
Maine,  Buffalo,  Chicago,  Detroit,  Cincinnati,  Saint  Louis,  Evansville, 
Milwaukee,  Louisville,  Cleveland,  San  Francisco,  Portland  in  Jregon, 
Memphis,  and  Mobile  there  shall  be  appointed  such  number  of  weighers, 
gangers,  measurers,  and  inspectors  as  may  be  necessary. 

Sec.  2007.  At  the  port  of  San  Diego,  in  the  district  of  San  Diego,  the 
Secretary  of  the  Treasury  shall  lave  power  to  appoint  such  inspectors, 
weighers,  gangers,  measurers,  and  other  officers  as  may  be  necessary  for 
the  collection  of  the  revenue  at  that  port. 

Sec.  2608.  There  shall  be  appointed  by  the  President,  by  and  with  the 
advice  and  consent  of  the  Senate,  fonr  appraisers  of  merchandise,  who 
shall  be  employed  in  visiting  such  ports  of  entry  in  the  United  States, 
under  the  direction  of  the  Secretary,  as  may  be  deemed  useful  by  him 
for  the  security  of  the  revenue,  iuid  shall  at  such  ports  afford  such  aid 
and  assistance  in  the  ajipraisement  of  merchandise  thereat  as  may  be 
deemed  necessary  by  the  Secretary  of  the  Treasury  to  protect  and  insure 
uniformity  in  the  collection  of  the  revenue  from  customs. 

*Sec.  2609.  Whenever  an  appraisement  of  imported  merchandise  is  to 
be  made  at  any  port  for  which  no  appraiser  is  provided  by  law,  the  col- 
lector of  the  district  shall  appoint  two  respectable  resident  merchants, 
who  shall  be  the  appraisers  of  such  merchandise. 

tSEC.  26L0.  Every  merchant  who,  after  being  chosen  by  the  collector 
as  provided  in  the  preceding  section,  and  after  due  notice  of  such  choice 
has  been  given  to  him  in  writing,  declines  or  neglects  to  assist  at  such 
appraisement,  shall  be  liable  to  a  penalty  not  exceeding  fifty  dollars,  and 
to  the  costs  of  prosecution  therefor. 

Sec.  2611.  Special  examiners  of  drugs,  medicines,  chemicals,  and  so 
forth,  shall,  before  entering  upon  their  duties,  take  and  subscribe  an  oath 
faithfully  and  diligently  to  perform  such  duties,  and  to  use  their  best 
endeavors  to  prevent  and  detect  frauds  upon  the  revenue  of  the  United 
States;  which  oath  shall  be  administered  by  the  collector  of  the  port  or 
district  where  the  examiner  making  it  is  employed. 

Sec.  2612.  The  Secretary  of  the  Treasury  shall  give  to  the  collectors  of 
districts  for  which  an  examiner  of  drugs,  medicines,  and  chemicals  is 
not  provided  by  law,  such  instructions  as  he  may  deem  necessary  to  pre- 
vent the  importation  of  adulterated  and  spurious  drugs  and  medicines. 


QUALIFICATIONS,   PAY,   AND   DUTIES   OF   OFFICERS.| 
(Revised  Statutes,  chap.  2.) 

Sec.  2613.  Collectors  of  the  customs,  naval  officers,  and  surveyors  of 
the  customs  shall  be  appointed  for  the  term  of  four  years. 

•  See  sec.  2946.  t  See  sec,  2945. 

{  See  sees.  337,  17b0,  and  1788-1790. 


320  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Sec.  2614.  The  appraiser  at  New  York,  before  he  enters  upon  the 
duties  of  his  ofQce,  shall  take  and  subset  ibe  an  oath  faithfully  to  direct 
and  supervise  the  examinatiou,  iuspectiou,  and  appraisement  accord- 
ing to  law,  of  such  merchandise  as  the  collector  may  direct  iDursuant 
to  law,  and  to  cause  to  be  duly  reported  to  the  collector  the  true  value 
thereof,  as  required  by  law.  All  other  appraisers,  and  all  resident 
merchants  appointed  according  to  law  to  act  as  appraisers,  shall  sev- 
erally take  and  subscribe  an  oath  diligently  and  faithfully  to  examine 
and  inspect  such  merchandise  as  the  collector  may  direct,  and  truly 
to  report,  to  the  best  of  their  knowledge  and  belief,  the  true  value 
thereof. 

Sec.  2615.  Each  of  the  assistant  appraisers  at  the  port  of  New  York^ 
before  entering  upon  the  duties  of  his  ofiQce,  shall  take  and  subscribe 
an  oath  diligently  and  faithfnlly  to  examine  and  inspect  such  goods^ 
wares,  and  merchandise  as  the  appraiser  may  direct,  and  truly  to 
report  to  him  the  true  value  thereof,  according  to  law.  Such  report 
shall  be  subject  to  revision  and  correction  by  the  appraiser,  and  when 
approved  by  him  shall  be  transmitted  to  the  collector,  and  shall  be 
deemed  an  appraisement  by  the  United  States  local  appraiser  of  the 
district  of  such  merchandise  required  by  law.  The  assistant  appraisers 
at  Boston,  Philadelphia,  and  San  Francisco,  shall  take  and  subscribe 
an  oath  diligently  and  faithfully  to  examine  and  inspect  such  mer- 
chandise as  the  principal  appraisers  may  direct,  and  truly  to  report  to 
them  the  true  value  thereof,  according  to  law. 

Sec.  2616.  Every  officer,  clerk,  or  employe  appointed  under  this  Title 
shall,  before  entering  upon  his  duties,  take  and  subscribe  an  oath  in 
addition  to  the  oath  of  office  prescribed  by  section  seventeen  hundred 
and  fifty-six  or  section  seventeen  hundred  and  fifty-seven.  Title  "Pro- 
visions APPLYING  TO  SEVERAL  CLASSES  OF  OFFICERS,"  that  he  will 
use  his  best  endeavors  to  prevent  and  detect  frauds,  against  the  laws  of 
the  United  States  imposing  duties  upon  imports. 

*  Sec.  2617.  The  oath  of  office  required  by  law  to  be  taken  by  a  collect- 
or may  be  taken  before  any  magistrate  authorized  to  administer  oaths 
within  the  district  to  which  such  collector  belongs.  The  oath  required 
to  be  taken  by  any  other  person  api^ointedto  any  ofiQce  under  this  Title 
shall  be  taken  belbre  the  collector  of  his  district. 

Sec,  2018.  The  oath  of  office  administered  to  any  person  appointed 
to  any  office  under  this  Title  shall  be  certified  under  the  hand  and  seal 
of  the  person  by  v/hom  the  same  shall  have  been  administered,  and 
shall,  ■«  ithin  three  mouths  thereafter,  be  transmitted  to  the  Commis- 
sioner of  Customs.  In  default  of  taking  such  oath,  or  of  transmitting 
a  certificate  thereof,  the  person  failing  shall  be  liable  to  a  penalty  of  two 
hundred  dollars. 

tSEC.  2619.  Every  collector,  naval  officer,  and  surveyor,  shall,  before 
entering  on  the  duties  of  his  office,  give  a  bond  to  the  United  States, 
with  one  or  more  sufficient  sureties,  for  the  true  and  faithful  discharge 
of  the  duties  thereof  according  to  law. 

J  First.  'J'he  collectors  of  New  York  and  Philadelphia,  in  the  sum  of 
sixty  thousand  dollars  each. 

Second.  The  collector  of  Boston  and  Charlestown,  in  the  sum  of  forty 
thousand  dollars. 

Third,  The  collectors  of  Baltimore  and  Charleston,  in  the  sum  of 
thirty  thousand  dollars  each. 

*  See  sec.  ITfiS. 

t  See  sec.  3639,  last  clause,  as  to  power  of  President  to  increase  amount  of  bond. 
t  For  form  of  bond  see  sec.  2619  R.  S.,  ed.  1878. 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       321 

Foiirtli.  The  collector  of  ^S^orfolk  aud  Portsmouth,  in  the  sum  of 
fiftpei)  thousiaiKl  dollars. 

Fifth.  Tlie  collectors  of  Portsmouth  in  New  Hampshire,  Salem  and 
Beverly,  Newport,  Providence,  Wilmington  in  Delaware,  Annapolis, 
Geor<ietown  in  the  District  of  Columbia,  Richmond,  Alexandria,  Wil- 
mintrto:!  in  North  ('arolina.  New  Berne,  Edentou,  and  Viclcsburoh,  la 
ten  thousand  dollai's  eacli. 

Sixth.  The  collectors  of  Newburyport,  Gloni-ester,  Marblehead,  Plym- 
outh, Nantucket,  Portlaml  and  Falmoutli,  New  London,  Xew  Haven, 
Fairfield,  Perth  Amboy.  Newark.  Yorktown,  Tai)pahannock,  George- 
town in  South  Carolina,  Beaufort  in  Suuth  Carolina,  and  Savannah,  in 
five  thousainl  dollars  each. 

Seventh.  The  collectors  of  Middletown  and  Waldoborough,  in  four 
thousand  dollars  each. 

Eighth.  The  collectors  of  the  several  districts  in  the  State  of  Florida, 
in  such  sum  ;is  tlie  President  shall  i)rescribe. 

Ninth.  All  collectors  not  above  mentioned,  in  two  thousand  dollars 
each. 

Tenth.  The  naval  officers  at  Boston,  New  York,  Philadelphia,  Balti- 
more, and  Charleston,  in  ten  thousand  dollars  each. 

Eleventh.  All  naval  officers  not  above  mentioned,  in  two  thousand 
dollars  each. 

Twelfth.  The  surveyors  at  Albany,  Pittsburgh,  Wheeling,  Cincinnati, 
Louisville,  Saint  Louis,  [andj  Nashville,  and  Natchez*  in  ten  thousand 
dollars  each. 

Thirteenth.  The  surveyors  of  Boston,  New  York,  Philadelphia,  Balti- 
more, and  Charleston,  in  five  thousand  dollars  each. 

Fourteenth.  All  surveyors  not  above  mentioned,  in  one  thousand 
dollars  each. 

f  Sec.  2620.  All  bonds  required  by  law  to  be  given  by  collectors,  naval 
officers,  sui  veyors,  or  other  officers  of  the  customs,  shall  be  approved 
by  the  Commissioner  of  Customs,  and  shall  be  tiled  in  his  office. 

Sec.  262L  At  each  of  the  i)orts  to  which  there  are  ai)pointed  a  col- 
lector, naval  officer,  and  surveyor,  it  shall  be  the  duty  of  the  collector: 

First.  To  receive  all  reports,  manifests,  and  documents  to  be  made  or 
•exhibited  on  the  entry  of  any  ship  or  vessel,  according  to  the  regula- 
tions of  this  Title. 

Second.  To  record,  in  books  to  be  kept  for  that  purpose,  all  manifests. 

Third.  To  receive  the  entries  of  all  ships  or  vessels,  and  of  the  goods, 
wares,  and  merchandise  imported  in  them. 

Fourth.  To  estimate,  together  with  the  naval  officer  where  there  is 
one,  or  alone  where  there  is  none,  the  amount  of  the  dues  payable 
thereupon,  indorsing  such  amount  upon  the  respective  entries. 

Fifth.  To  receive  all  moneys  [)aid  for  duties,  and  take  all  bonds  for 
securing  the  i)ayme'it  thereof. 

Sixth.  To  grant  all  i)ermits  for  the  uidading  and  delivery  of  goods. 

Seventh.  Toem})loy,  wicli  the  approval  of  the  Secretary  of  the  Treas- 
ury, proper  persons  as  weighers,  gangers,  measurers,  and  inspectors  at 
the  several  )iorts  within  his  district. 

Eighth.  To  provide,  with  the  like  approval,  at  the  public  expense, 
store-houses  for  the  safe-keeping  of  goods,  and  such  scales,  weights,  aud 
measures  as  may  be  necessary. 

Se(!.  2622.  At  ports  to  which  a  collector  and  surveyoronly  are  appointed, 


'  See  sees.  256fi,'2r)(57,  an<l  2832. 

t  See  sees.  3639  (last  clause)  and  3(557. 

H.  Mis.  391 21 


322  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

the  collector  shall  solely  execute  all  the  duties  iu  which  the  co-operation 
of  the  naval  officer  is  requisite  at  the  ports  where  a  naval  officer  is  ap- 
pointed. And  he  shall  act  in  like  manner  in  case  of  the  disability  or 
death  of  the  naval  officer,  until  a  successor  is  appointed,  unless  there  is 
a  deputy  duly  authorized  under  the  hand  and  seal  of  the  naval  officer, 
who  in  "that  case  shall  continue  to  act  until  an  a|)i)ointment  is  ma<[e. 

Sec.  2623.  At  ports  to  which  a  collector  only  is  appointed,  the  col- 
lector shall  solel:^  execute  all  the  duties  in  which  the  co  operation  of  the 
naval  officer  is  requisite,  at  jwrts  where  a  naval  officer  is  appointed,  and 
he  shall  also,  as  far  as  maybe,  perform  all  the  duties  prescribed  for  sur- 
veyors at  ports  where  surveyors  are  authorized. 

Sec.  2624.  At  ports  of  delivery  to  which  no  surveyor  is  appointed^ 
and  at  such  ports  only,  the  collector  may,  from  time  to  time,  when  it  is 
necessary,  employ  a  proper  person  to  perform  the  duties  of  a  surveyor  ^ 
who  shall  be  entitled  to  the  like  compensation  with  an  inspector  during 
the  time  he  is  employed. 

Sec.  2625.  In  case  of  the  disabdity  or  death  of  a  collector,  the  duties 
and  authorities  vested  in  him  shall  devolve  on  his  deputy,  if  any  there 
be  at  the  time  ol  such  disability  or  death,  for  whose  conduct  the  estate 
of  such  disabled  or  deceased  collector  shall  be  liable;  and,  if  there  be 
no  deputy,  they  shall  devolve  upon  the  naval  officer  of  the  same  district,, 
if  any  there  be  ;  and  if  there  be  no  naval  officer,  they  shall  devolve  upon 
the  surveyor  of  the  port  appointed  for  the  residence  of  such  disabled  or 
deceased  collector,  if  any  there  be;  and  if  there  be  no  such  surveyor^ 
they  .<hall  devolve  upon  the  surveyor  of  the  port  nearest  thereto  and 
within  the  district. 

*Sec.  2626.  At  ports  to  which  there  are  appointed  a  collector,  naval 
officer,  and  surveyor,  it  shall  be  the  duty  of  the  naval  officer- 
First.  To  receive  copies  of  all  manifests  and  entries. 

Second.  To  estimate,  together  with  the  collector,  the  duties  on  all 
merchandise  subject  to  duty,  and  no  duties  shall  be  received  without 
such  estimates. 

Third.  To  keep  a  separate  record  of  such  estimates. 

Fouith.  Tocountersign  all  permits,  clearances,  certificates,  debentures^ 
and  other  documents,  to  be  granted  by  the  collector. 

Fifth.  To  examine  the  collector's  abstracts  of  duties,  and  other  ac- 
counts of  receipts,  bonds,  and  expenditures,  and  certify  the  same  if  found 
right. 

*Sec.  2627.  At  ports  to  which  there  are  appointed  a  collector,  naval 
officer,  and  surveyor,  it  shall  be  the  duty  of  the  surveyor,  who  shall  be 
in  all  cases  subject  to  the  direction  of  the  collector — 

First.  To  superintend  and  direct  all  inspectors,  weighers,  measurers, 
and  gaugeis  within  his  port. 

Second.  To  report  once  in  every  week  to  the  collector  the  name  or 
names  of  all  inspectors,  weighers,  gangers,  or  measurers  who  are  absent 
from  or  neglect  to  do  their  duty. 

Third.  To  visit  or  inspect  the  vessels  which  arrive  in  his  port,  and  make 
a  return  in  writing  every  morning  to  the  collector  of  all  vessels  which 
have  arrived  from  foreign  ports  during  the  preceding  day ;  specifying 
the  names  and  denominations  of  the  vessels,  the  masters'  names,  from 
whence  arrived,  whether  laden  or  in  ballast,  to  what  nation  belonging, 
and,  if  American  vessels,  whether  the  masters  thereof  have  or  have  not 
complied  with  the  law.  in  having  the  required  number  of  manifests  of 
the  cargo  on  board,  agreeing  in  substance  with  the  provisions  of  law. 

*  See  sec.  3650. 


NAVIGATION   LAWS    OF    THE    UNITED    STATES.  323 

Fonrtb.  To  put  ou  board  eacli  of  such  vessels  oue  or  more  iuspectors 
immediately  after  their  arrival  in  his  port. 

Fifth.  To  ascertain  the  proof,  quantities,  and  kinds  of  distilled  spirits 
imported,  ratinji"  such  spirits  according  to  their  respective  degrees  of 
proof,  as  deiined  by  the  laws  im])osing  duties  on  spirits. 

*  Sixth.  To  examine  wherher  the  goods  imported  in  any  vessel,  and  the- 
deliveries  thereof,  agreeably  to  the  inspector's  returns,  correspond  with 
the  permits  for  landing  the  same ;  and  if  any  error  or  dis;igreement  ap- 
pears, to  report  the  same  to  the  collector,  and  to  the  naval  officer,  if 
any. 

Seventh.  Tosuperintend  the  ladingfor  exportation  of  all  goodsentered 
for  the  benefit  of  any  drawback,  bounty,  or  allowance,  and  examine  and 
report  whether  the  kind,  quantity,  and  quality  of  the  goods,  so  laden  on 
board  any  vessel  for  exportation,  correspond  with  the  entries  and  per- 
mits granted  therefor. 

Eighth.  To  examine,  and,  from  time  to  time,  and  particularly  on  the  . 
first  Mondays  of  January  and  July  in  each  year,  try  the  weights,  meas- 
ures, and  other  instruments  used  in  ascertaining  the  duties  on  imports, 
with  standards  to  be  provided  by  each  collector  at  the  i>ublic  expense 
for  that  purpose  ;  and  where  disagreements  or  errors  are  dis(;overed,  to 
report  the  same  to  the  collector;  and  to  obey  and  execute  such  direc- 
tions as  he  may  receive  for  correcting  the  same,  agreeably  to  the  stand- 
ards. 

tSEC.  2028.  At  ports  to  which  surveyors  ouly  are  appointed,  the  sur- 
veyor shall  perform  all  the  duties  enjoined  upon  survey(n\s  by  the  pre- 
ceding section  ;  and  shall  also  receive  and  record  the  copies  of  all  mani- 
fests transmitted  to  him  by  thecolle.^.tor;  shall  record  all  permits  granted 
by  the  collector,  distinguishing  the  gauge,  weight,  measure,  and  quality 
of  goods  specified  therein  ;  and  shall  take  care  that  no  goods  be  unladen 
or  delivered  from  any  ship  or  vessel  without  a  proper  permit  for  that 
purpose. 

Sec.  2()'J9.  In  case  of  the  disability  or  death  of  a  surveyor,  the  col- 
lector of  the  district  m,iy  authorize  some  fit  person  to  perform  his  duties- 
and  exercise  his  powers";  and  the  powers  of  the  person  so  authorized 
shall  continue  until  a  successor  is  duly  appointed,  and  ready  to  enter 
upon  the  execution  of  his  office. 

Sec.  2630.  Every  collector  of  the  customs  shall  have  authority,  witli 
the  approval  of  the  Secretary  of  the  Treasury,  to  emjdoy  within  his  dis- 
trict such  number  of  propei  persons  as  deputy  collectors  of  the  customs- 
as  he  shall  deem  necessary;  and  such  deputies  are  declared  to  be  ofiicers- 
of  the  customs.  And  in  cases  of  occasional  and  necessary  absence,  or 
of  sickness,  any  collector  may  exercise  his  powers  and  perform  his  du- 
ties bv  deputy,' duly  constituted  under  his  hand  and  seal,  and  he  shall 
be  answerable  for  the  acts  of  such  deputy  in  the  execution  of  such 
trust. 

Sec.  2C31.  In  case  of  the  sickness  or  unavoidable  abseiuie  of  any  col- 
lector or  surveyor  of  customs  from  his  office,  he  may,  witii  the  approval 
of  the  Secretarv  of  the  Treasury,  authorize  some  officer  or  clerk  under 
him  to  act  in  his  pla(;e,  and  to  discharge  all  the  duties  required  by  law 
of  such  collector  or  surveyor  in  his  capacity  as  disbursing  agent;  and 
the  official  bond  given  by  the  i>rincipal  of  the  office  shall  be  held  to  cover 
and  apply  to  the  acts  of  the  person  appointed  to  act  in  his  place  in  such 
cases. 

Sec.  2G32.  Every  naval  officer  and  surveyor,  in  cases  of  occasional  and 

•  See  sees.  2887-2890.  t  See  sees.  4344-4346. 


324  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

necessary  absence,  or  of  sickuess,  and  not  otlierwise.  may  respectively 
extTcise  and  perform  /<is  [their]  functicms,  powers,  and  dnties  by  deputy, 
ciidy  constituted  under  their  hands  and  seals  respectively,  for  whom,  in 
thi'  t'xecution  of  their  trust,  they  shall  respectively  be  answerable. 

Skc.  2033.  The  Secretary  of  the  Treasury  is  authorized,  whenever  in 
his  oi)inion  the  public  interefst  demands  it,  to  clothe  any  deputy  collector 
at  a  port  other  than  the  i)rincipal  port  of  entry,  with  all  the  powers  of 
his  princii)al  ap])ertainin<,'-  to  official  acts;  and  he  may  rccjuire  such  dep- 
uty to  ,<iive  bond  to  the  United  States,  in  such  amount  as  the  Secretary 
luay  inocribe,  for  the  faithful  discharge  of  his  official  duties. 

Sec.  '(334.  The  Secretary  of  the  Treasury  may,  from  time  to  time, 
except  lu  cases  otherwise  jlrovided,  limit  and  fix  the  number  and  com- 
pensation of  the  clerks  to  be  emi)loyed  by  any  collector,  naval  officer,  or 
surveyor,  and  mn\  limit  and  fix  the  compensation  of  any  dei)Uty  of  any 
such  collector,  naval  officer,  or  surveyor. 

Sec.  2635.  i:very  collector,  naval  officer,  and  surveyor  shall  cause  to 
lie  affixed,  and  constantly  kept  in  some  ])ublic  and  conspicuous  place  of 
Ms  ofhce,  a  fair  table  of  ihe  rates  of  fees  and  duties  demandable  by 
•law,  and  shall  give  a  receipt  for  the  fees  received  by  hini,  specifying  the 
^particulars  whenever  requiied  so  to  do;  and  for  every  failure  so  to  do, 
ihe  shall  be  liable  to  a  penalty  of  one  hundred  dollars,  recoverable  to  the 
use  of  the  informer. 

Sec.  2630.  Every  officer  of  the  cnstnms  who  demands  or  receives  any 
other  or  greater  fee,  compensation,  or  reward  than  is  allowed  by  law, 
for  i)erforming  any  duty  or  service  required  from  him  by  law^,  shall  be 
liable  to  a  penalty  of  two  hundred  dollars  for  each  offense,  recoverable 
to  the  use  of  the  party  aggrieved. 

Sec.  2637.  If  any  inspector,  ganger,  weigher,  or  measurer  shall  le- 
■ceive  any  gratuity,  fee,  or  reward  for  any  services  performed  by  virtue 
of  this  Title,  other  than  is  by  law  allowed,  or  if  any  ganger,  weigher,  or 
measurer,  employed  as  such  by  the  public,  in  the  districts  of  Portsmouth, 
Salem  and  Beverly,  Boston  and  Charlestown,  Providence,  New  York, 
Philadelphia,  Baltimore,  iforfolk  and  Portsmouth,  or  Charleston,  shall 
gauge,  weigh,  or  measure  any  article  or  articles,  other  than  shall  be  di- 
rected by  the  proper  officer,  in  order  to  ascertain  the  duties  to  be  re- 
ceived, or  the  drawbacks  to  be  allowed  thereon,  or  shall  make  a  return 
of  the  weight,  gauge,  or  measure  of  any  merchandise  laden,  or  to  be 
laden,  on  board  any  vessel  for  the  benefit  of  drawback  upon  exportation, 
without  having  actually  weighed,  gauged,  or  measured  the  same,  as  the 
case  may  require,  after  such  merchandise  shall  have  been  notified  to  the 
ijollector  and  entered  for  exportation,  he  shall  be  liable  for  the  first  of- 
fense to  a  penalty  of  fifty  dollars,  and  for  each  subsequent  offense  to  a 
penalty  of  two  hundred  dollars,  and  be  discharged  from  the  public  serv- 
ice. And  if  any  inspector  or  other  officer  of  the  customs  shall  certify 
the  shipment  of  any  merchandise  entitled  to  drawback  on  exportation 
w  ithout  having  duly  inspected  and  examined  the  same,  after  he  shall 
have  received  the  permit  for  lading  such  merchandise,  or  if  the  amount 
of  such  drawback  shall  be  estimated  according  to  weight,  gauge,  or 
measure,  until  such  merchandise  shall  be  first  weighed,  gauged,  or  meas- 
ured, as  the  case  may  require,  he  shall  be  subject  to  the  bke  penalties, 
and  be  discharged  from  the  public  service. 

*  Sec.  2638.  No  person  employed  under  the  authority  of  the  United 
States,  in  the  collection  of  duties  on  imports  or  tonnage,  shall  own, 
either  in  whole  or  in  part  any  vessel,  or  act  as  agent,  attorney,  or  cou- 

*  See  sees.  '243,  1788,  aud  1789. 


NAVIGATION   LAWS    OF    THE    UNITED    STATES.  325b> 

signee  for  tlie  owuer  or  owners  of  aii.y  vessel,  or  of  any  cargo  or  lading- 
011  board  tlie  same ;  nor  shall  any  such  jierson  import,  or  be  con^'erned 
direi^tly  or  indirectly  in  the  imi)ortation  of  any  merchandise  for  sale  into- 
the  United  States.  Every  person  who  violates  this  section  shall  be^ 
liable  to  a  penalty  of  five  hundred  dollars. 

*Sec.  2G.i9.  Every  collecror,  naval  officer,  and  surveyor  shall  k^ep  ac- 
curate accounts  of  all  fees  and  official  emoluments  received  by  him,  and' 
of  all  expenditures,  specifying  exjienditures  for  rent,  fuel,  stationery, 
and  clerk  hire,  and  shall  annually,  within  ten  days  after  the  thirtieth 
day  of  June,  transmit  the  same,  \eritied  by  oath,  to  the  Commissioner  of 
Customs,  who  shall  annually  lay  an  abstract  of  the  same  before  Con- 
gress. Every  collector,  naval  officer,  or  surve\  or  who  omits  or  neglects 
to  keei>  such  account,  or  to  transmit  the  same  so  verified,  shall  beliable 
to  a  ]^enalt\  of  not  more  than  five  hundred  dollars. 

Sec.  Ii04().  Collectors,  naval  officers,  and  surveyors  shall  attend  iu 
person  at  the  ports  to  which  they  are  resi)ectively  ajipointed  :  and  shall 
keep  fair  and  true  accounts  and  records  of  all  their  tninsactions,  as- 
officers  of  the  customs,  in  such  manner  and  form  as  may  from  time  to 
time  be  directed  by  the  Secretary  of  the  Treasury  ;  and  shall  at  all  times 
submit  their  books,  ])apers,  and  accounts  to  the  inspectiou  of  sucb  per- 
sons as  may  be  appointed  for  that  purpose;  and  shall  once  in  every 
month,  or  oftener  if  they  shall  l)e  required,  transmit  their  accounts  for 
settlement  to  the  officer  or  officers  whose  duty  it  shall  be  to  make  suck 
settlement.  And  if  any  collector,  naval  officer,  or  surveyor  shall  omit 
to  keep  fair  and  t)ue  accounts,  or  shall  refuse  to  submit  forthwith  his- 
books,  papers,  and  accounts  to  inspection  as  required  by  law,  or  if  any 
collector  shall  omit  or  refuse  to  render  his  accounts  for  settlement,  for  a- 
term  exceeding  three  months  after  the  same  shall  have  been  required  by 
the  jiroper  officer,  the  delinquent  officer  shall  be  liable  to  a  penalty  of 
one  thousand  dollars,  to  be  recovered  with  costs  of  suit. 

Sec.  2G41.  Every  collector,  naval  officer,  and  surveyor  shall  account 
to  the  Treasury  for  all  his  emoluments,  and  also  for  all  the  expenses  in- 
cident to  his  office.  Such  accounts,  as  well  of  expenses  a^  of  emolu- 
ments, shall  be  rendered  on  oath,  at  such  tiuiesand  in  su(;h  forms,  and, 
shall  be  supported  by  such  i^rools,  as  shall  be  i)rescribtd  by  the  Secre- 
tary of  the  Treasury. 

Sec.  2G42.  The  services  i)erforjned  by  occasional  inspectors  shall  be- 
particularly  detailed  in  the  accounts  to  be  transmitted  to  the  Treasury^ 
and  certified  by  the  naval  officer  or  surveyor  of  the  district.  If  there  be^ 
any,  as  to  the  necessity  for  and  performance  of  such  services. 

Sec.  204.3.  Every  collector,  naval  officer,  and  surveyor  shall,  together 
with  his  ac(;ounts  of  the  expenses  incident  to  his  office,  rende)-  a  list  of 
the  clerks  emjjloyed  by  him,  stating  the  rate  of  com])ensafion  allowed  to 
each,  and  the  duties  which  they  severally  perform;  and  also  an  account 
of  the  sums  i)aid  for  stationery,  official  or  contingent  expenses,  fuel,  and 
office-rent,  stating  the  purposes  for  which  the  ])remises  rented  are  ap- 
l)lied. 

Sec.  2044.  The  collector  ol  cnstonis  of  each  of  the  distiicts  on  the 
northern,  northeastern,  and  northwestern  frontiersshall  remler.  with  his^ 
accounts  of  the  expenses  incident  to  his  office,  a  list  of  the  clerks  and 
other  officers  of  the  customs  em[)loyt-d  by  him,  stating  the  rate  of  com- 
pensation allowed  to  each,  the  duties  they  severally  perform,  and  also 
an  account  of  the  sums  })aid  for  stationeiy,  fuel,  and  all  other  ofiice  ex- 
penses, including  office  rent;  for  all  of  which  expenses  he  shall  submit 

*See  sec.  2641. 


326  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

an  estimate  each  mouth  in  advance,  and  sLall  state  tbe  purposes  for 
which  any  premises  are  used  ;  and  shall  also  render  an  accurate  account 
of  all  fees  and  commissions  collected  by  him. 

Sec.  2C45.  All  accounts  for  salary,  compensation,  and  emoluments 
shall  be  rendered  quarterly,  at  the  end  of  each  quarter  of  the  fiscal  year. 

Sec.  2()40.  All  blank  books,  blanks,  and  stationery  of  every  kind  re- 
■quired  by  collectors  and  other  officers  of  the  customs  shall,  so  soon  as 
they  can  be  prepared  for  delivery,  h\  or  under  the  direction  of  the  Sec- 
retary of  the  Treasury,  be  furnished  to  them  for  the  use  of  their  respect- 
ive offices,  upon  requisition  made  by  them,  and  the  expense  of  such 
books,  blanks,  and  stationery  shall  be  paid  out  of  the  appropriation  for 
defraying-  the  expenses  of  collecting  the  revenue  from  customs. 

*  Sec.  2647.  Every  collector  of  customs,  every  naval  officer,  and  every 
surveyor  performing  or  having  performed  the  duties  of  a  collector,  shall 
render  a  quarter  yearly  account,  under  oath,  to  the  Secretary  of  the 
Treasury,  in  «uch  form  as  the  Secretary  shall  prescribe,  of  all  sums  of 
money  by  each  of  them  respectively  received  or  collected  for  fines,  pen- 
alties, or  forfeitures,  or  for  seizure  of  merchandise,  or  upon  compro- 
mises made  upon  any  seizure;  or  on  account  of  suits  instituted  for 
frauds  against  the  revenue  laws ;  or  for  rent  and  storage  of  merchan- 
dise, which  may  be  stored  in  the  public  store-houses,  and  for  which  a 
rent  is  paid  beyond  the  rents  paid  by  the  collector  or  other  such  officer; 
or  for  custody  of  goods  iu  bonded  warehouses;  an<!  if  from  su<;h  ac- 
/countiug  it  shall  appear  that  the  money  received  in  anyone  year  by  any 
•collector,  naval  officer,  or  surveyor,  on  account  and  for  rents  and  stor- 
age, and  for  fees  and  emoluments,  shall  in  the  aggregate  exceed  the 
eum  of  two  thousand  dollars,  such  excess  shall  be  paid  by  the  collector, 
naval  officer,  or  surveyor,  as  the  case  may  be,  into  the  Treasury  as  pub- 
lic money. 

Sec.  2G48.  Collectors  and  surveyors  of  the  collection-districts  on  the 
northern,  northeastern,  and  northwestern  frontiers  are  authorized  to 
teep  on  sale,  at  their  several  offices,  blank  manifests  and  clearances  re- 
quired for  the  business  of  their  districts,  and  to  charge  the  sum  of  ten 
cents,  and  no  more,  for  each  blank  which  shall  be  prepared  and  exe- 
cuted by  them. 

Sec.  2040.  The  Secretary  of  the  Treasury  may  appoint  special  agents, 
not  exceeding  fifty-three  in  number,  for  the  i)urpose  of  making  the  ex- 
aminations of  the  books,  papers,  and  accounts  of  collectors  and  other 
officers  of  the  customs,  and  to  be  employed  generally,  under  the  direc- 
tion of  the  Secretary,  iu  the  prevention  and  detection  of  frauds  on  the 
customs  revenue ;  and  the  expense  thereof  shall  be  charged  to  the  "ap- 
propriation to  defray  the  expense  of  collecting  the  revenue  from  cus- 
toms." 

Sec.  2650.  The  special  agents  shall  be  divided  into  three  classes: 

First.  The  first  class  sliall  consist  of  nineteen  agents,  two  of  whom 
shall  each  receive,  in  addition  to  the  expenses  necessarily  and  actually 
incurred  by  him,  a  com])ensation  of  ten  dollars  per  day,  and  seventeen 
of  whom  shall  each  receive,  in  addition  to  expenses  necessarily  and 
actually  incurred  by  him,  a  compensation  of  eight  dollars  per  day. 

Second.  The  second  class  shall  consist  of  sixteen  agents,  each  of  whom 
shall  receive,  in  addition  to  ex])en8es  necessarily  and  actually  incurred 
by  him,  a  compensation  of  six  dollars  per  day. 

Third.  The  third  class  shall  consist  of  eighteen  agents,  each  of  whom 

*  See  sec.  2720. 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       327 

shall  receive,  in  addition  to  expenses  necessarily  and  actually  incurred 
by  bini,  a  compensation  oftive  dollars  i)er  day. 

Sec.  2().51.  The  Secretary  of  the  Treasury  may,  from  time  to  time, 
make  such  regulations  not  inconsistent  with  law,  for  the  g^overnment  of 
thesp(;cial  agents,  as  he  deems  expedient,  and  may  rescind  or  alter  reg- 
ulations so  made.  But  no  special  ageui,  in  addition  to  those  authorized 
by  the  two  i)receding  sections,  shall  be  appointed  or  emjiloyed  ui)on  any 
business  relating  to  the  customs  revenue;  nor  shall  any  sum  be  paid  to 
any  agent  authorized  to  beemi)loyed  for  mileage  or  any  other  expenses 
except  such  as  are  actually  incurred  in  the  discharge  of  his  official 
duty. 

*Sec.  2052.  It  shall  be  the  duty  of  all  officers  of  the  customs  to  execute 
and  carry  into  ettect  all  instructions  of  the  Se(;rerary  of  the  Treasury 
relative  to  the  execution  of  tlie  revenue  laws  ;  and  in  case  any  difficultj' 
shall  arise  as  to  the  true  construction  or  meaning  of  any  part  of  the 
revenue  laws,  tl)e  decision  of  the  Secretary  of  the  Treasury  shall  be 
conclusive  and  binding  ui)on  all  officers  of  the  customs. 

tSEC.  2<>r)3.  Tlie  Secretary  of  the  Treasury  is  hereby  authorized,  when 
€ver  he  shall  think  it  advantageous  to  the  public  service,  to  abolish  or 
suspend  tlie  office  of  naval  officer,  or  any  other  subordinate  office,  iu 
any  collection-district  of  the  United  States,  except  in  Koston,  Xew  York, 
Philadelphia,  Baltimore,  Charleston,  Savannah,  Portland  in  iMaine,  and 
San  Francisco,  and  to  assign  the  duties  of  the  office  or  any  other  subor- 
dinate office  so  aboli-hed  or  sus])ended  to  a  deputy  collector  or  inspector 
of  the  custom>! ;  and  so  much  of  all  fines,  penalties,  and  forfeitures  as 
would  otherwise  inure  to  either  of  such  naval  officers  shall,  after  the 
discontinuance  of  their  offices,  respectively,  be  paid  into  the  Treasury  of 
the  United  States,  and  there  credited  to  the  fund  for  defraying  the  ex- 
penses of  collecting  the  revenue  from  customs. 

Sec.  2654.  There  shall  be  allowed  and  paid  for  the  use  of  the  collectors 
the  following  fees : 

First.  To  each  collector  for  every  entrance  of  any  vessel  of  one  hun- 
dred tons  burden  and  ujiward,  two  dollars  and  a  half. 

Second.  For  every  clearance  of  any  vessel  of  one  hundred  tons  burden 
and  upward,  two  dollars  and  a  half. 

Third.  For  every  entrance  of  any  vessel  under  the  burden  of  one 
hundred  tons,  one  dollar  and  a  half. 

Fourth.  For  every  clearance  of  any  vessel  under  one  hundred  tons 
burden,  one  dollar  and  a  half. 

Fifth.  For  every  post  entry,  two  dollars. 

Sixth.  For  every  iiermit  to  land  goo(is,  twenty  cents. 

Seventh.   Por  every  bond  taken  othcially,  forty  cents. 

Eighth.  For  every  permit  to  load  goods  for  exportation,  which  are 
entitled  to  drawback,  tliiity  cents. 

Ninth.  For  every  debenture  or  other  official  certificate,  twenty  cents. 

Tenth.  For  every  bill  of  health,  twenty  cents. 

Eleventh.  For  every  official  document,  registers  excepted,  required 
by  any  merchant,  owner,  or  master  of  any  vessel  not  elsewhere  enumer- 
ated, twenty  cents.     [Amended  by  act  .lune  V.),  1SS(),  Sec.  l.J 

Sec.  2(J5o.  Where  a  naval  officer  is  appointed  to  the  same  i>ort,  the 
fees  allowed  by  the  i)receding  section  shall  be  e(]ually  divided  between 
the  collector  and  the  naval  officer ;  except  the  exi)ense  of  fuel,  office  rent, 
and  necessary  stationei-y  for  the  collectors  of  Salem  and  Beverly,  Boston 
and  Charlestown,  New  York,  Philadelphia,  Charleston,  Jialtimore,  Nor- 

*See  sees.  249,  *2.j1,  253,  aud  254  (last  clause). 

tSee  sec.  253,  relative  to  Secretary's  i^ower  to  discontinue  ports  of  delivery. 


328       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

folk  and  Portsmontli,  which  shall  be  i)aid,  three-fourths  by  the  collectors^ 
and  the  other  fourth  by  the  respective  naval  officers  in  those  districts. 
And  all  fees  shall,  at  the  option  of  the  collector,  be  either  received  by 
him  or  by  the  naval  officer,  the  party  receiving  to  account  monthlir 
with  the  other  for  his  share  thereof. 

Sec.  2(!.jG.  All  fees  arising  on  the  exportation  of  any  merchandise  on 
which  drawback  is  allowed,  shall  be  equally  shared  among  the  collector, 
naval  officer,  and  surveyor,  where  there  are  such  officers  at  the  port 
where  the  fees  are  paid,  to  be  accounted  for  monthly,  l)y  the  collector  or 
naval  officer  who  siiall  receive  the  same  ;  where  there  is  no  naval  officer, 
such  fees  shall  be  divided  equally  between  tlie  collector  and  the  surveyor 
who  may  have  been  concerned  in  attending  to  such  exportation ;  and 
the  surveyors  shall  pay  their  proiK>rtion  ot  the  expenses  of  stationery 
and  printing. 

Sec.  2(!57.  There  shall  be  allowed  to  the  surveyors  or  inspectors  of  the 
revenue  for  ports  the  siuii  of  two  cents  and  one-fourth  for  every  certifi- 
cate to  accomi)any  foreign  distilled  spirits,  and  three  cents  and  three- 
fourths  for  every  certificate  to  accompany  wines,  issued  within  their 
ports  respectively ;  and  to  the  dei>uties  of  the  insi)ectors,  the  sum  of 
thii-e  cents  and  tijree-fourths  for  every  cask,  or  package,  of  foreign  dis- 
tilled spirits  or  wines,  by  them  marked  and  returned  to  their  respective 
principals  ;  and  tor  gauging  wines  whereon  duties  are  payable  according 
to  the  value  thereof,  nine  cents  ior  eveiy  cask  actually   gauged. 

Sec.  2()~)S.  For  every  entry  of  goods  at  any  custonihouse  on  the 
northern,  northeastern,  and  northwestern  frontiers  of  the  United  States, 
a  fee  of  fifty  cents  shall  be  charged  by  the  collector,  and  accounted  for 
to  the  Government. 

Sec.  2G5J).  There  shall  also  be  allowed  to  the  several  officers  hereafter 
mentioned  the  following  allowances  and  i)ercentages,  viz :  To  the  col- 
lector for  the  district  of  Savannah,  one  i>er  centum  ;  to  the  collector  for 
the  district  of  jMarblehead,  twoand  one  half  per  centum;  to  the  collector 
for  the  district  of  VViscasset,  two  per  centum;  to  the  collectors  for  the 
districts  of  Baltimore  and  l'hiladeli)hia,  three-eighths  of  one  per 
centum;  to  the  collector  for  the  district  of  Charleston,  three-quarters  of 
one  per  centuni ;  to  the  colle(;tor  for  the  district  ot  Providence,  one  and 
one-quarter  per  centnm  ;  to  the  collector  for  the  district  of  Portland  and 
Falmouth,  three  quarters  of  one  per  ct-ntum ;  to  the  collector  for  the 
district  of  Salem  and  Beverly,  ti\e-eighths  ot  one  per  centum;  to  the 
collectors  for  the  districts  of  Middletown  and  Newburyi)ort,  three  per 
centum;  to  the  collectors  for  the  districts  of  Saco  and  Saint  Mary's, 
three  per  centum;  to  the  collectors  for  the  districts  of  Kennebunk, 
Kewport,  and  New  London,  two  and  a  half  per  centum;  to  the  collectors 
for  the  districts  of  l>ath,  Biistol,  New  Haven,  and  Alexandria,  two  i)er 
centum  ;  to  the  colle(;tor  for  the  district  of  Portsmouth,  New  Uampshire, 
one  and  three  fourths  per  centuu);  to  the  collectors  for  the  districts  of 
Norfolk  and  Portsmouth,  Petersburgh  and  Kichmond,  one  and  three- 
fourths  per  centum  ;  to  the  collector  for  the  district  of  New  Orleans,  one 
per  centum  ;  to  the  collector  foi  the  district  of  Boston  and  Charlestowu, 
one  fifth  ofone])er  centnm;  to  the  collector  for  the  district  of  New 
York,  one-sixth  of  one  i)er  centum;  and  to  the  collectors  of  all  other 
districts  for  which  no  ])r()vision  is  otherwise  made,  three  ])er  centum,  on 
all  moneys  by  them  respectively  received  on  account  of  duties  upou 
imports  or  tonnage  and  marine  hospital  dues. 

Sec.  2GG0.  In  addition  to  the  fees  and  allowances  otherwise  provided, 
the  colle<;tor  for  the  district  of  Passamaquoddy  shall  receive  a  salary  of 
five  hundred  dollars  a  year;  the  collector  for  the  district  of  Sag  Harbor, 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  329 

four  buDdred  dollars  a  year;  the  collectors  for  tlie  districts  of  Annap- 
olis, York,  Waldoboronjrh,  Saco,  P^d^artown,  Fairfield,  Tai)i)ahannock, 
and  Georgetown  in  Soiitli  Carolina,  two  hnndred  and  fifty  dollars  a  year 
each  ;  tlie  collectors  for  tlie  districts  of  Wiscasset  and  Yorktown,  two 
hundred  dollars  a  year  each  ;  the  collectors  for  the  districts  of  Fall  River 
I  Plymouth],  Castiue,  Frenchman's  Bay,  and  Burlington,  New  Jersey,  one 
hundred  ami  fifty  dollars  a  year  each;  the  collectors  for  the  districts  of 
Machias,  Great  JEgg  Harbor,  Little  Egg  Harbor,  Perth  Amboy  [Glou- 
cester, Nantucket],  and  Bridgeton,  two  hundred  and  fifty  dollars  a  year 
each.  . 

Skc.  2001.  The  collector  for  the  district  of  Mobile  shall  receive,  m  ad- 
dition to  his  other  fees  and  emoluments,  a  salary  of  two  hundred  and 
fiftv  dollars  a  year. 

Seo.  2()(>2.  The  collector  for  the  district  of  Pearl  hiver  shall  receive, 
in  addition  to  the  fees  and  other  emoluments  established  by  law,  a  sal- 
ary of  two  hundred  and  fifty  dollars  a  year. 

Sec.  26(>3.  The  collectors  for  the  districts  of  Saint  Mary's  and  Key 
West  shall,  in  addition  to  the  fees  and  emoluments  allowed  by  law, 
receive  a  salary  of  five  hundred  dollars  a  year,  each,  and  three  per 
centum  commissions,  and  no  more,  on  all  moneys  received  and  paid  by 
them  on  account  of  duties  on  imports  or  tonnage. 

Sec.  2(164.  The  collectors  for  the  districts  of  Saint  John's  and  Fer- 
uandina  shall  receive,  in  addition  to  the  fees  and  emoluments  allowed 
by  law,  a  salary  of  five  hundred  dollars  a  year,  each,  and  throe  per 
centum  commissions,  and  no  more,  on  all  moneys  received  and  paid  by 
them  on  account  of  duties  on  imports  or  tonnage. 

Sec.  2065.  The  collector  for  the  district  of  Teche  shall  receive  a 
salary  of  one  thousand  <lollars  a  year,  which  shall  cover  all  expenses 
to  the  lJnite<l  States  for  house-rent  and  storage. 

Sec.  2660.  The  collector  for  the  district  of  Natchez  shall  receive  a 
salary  of  five  hundred  dollars  a  year. 

Sec.  2667.  The  collector  for  the  district  of  Newark  shall  be  allowed 
three  per  centum  on  all  moneys  received  on  account  of  duties  on  imi)orts 
or  tonnage;  and  shall  receive,  in  addition  to  his  other  fees  and  emolu- 
ments allowed  by  law,  the  annual  sum  of  two  hundred  and  fifty  dollars, 
subject,  however,  to  the  limitations  provided  by  law. 

Sec.  2668.  The  collector  for  the  distri(rt  of  Vicksburgh  shall  receive 
a  salary  of  five  hundred  dollars\a  year. 

Sec."  2660.  The  collector  for  the  district  of  Stonington  shall  receive, 
in  addition  to  the  other  emoluments  allowed  by  law,  a  salary  of  one 
hundred  and  fifty  dollars  a  year. 

Skc.  2670.  The  collector  for  the  district  of  Puget  Sound  shall  re(teive 
a  salary  of  one  thousand  dollais  a  year,  with  additional  maximum  com- 
pensation of  two  thousand  dollars  a  year,  when  the  official  emoluments 
and  fees,  provided  by  existing  laws,  amount  to  that  sum. 

Sec.  2671.  The  collector  for  the  district  of  Paso  del  Norte  shall 
receive  a  salary  of  not  exceeding  two  thousand  dollars  a  year,  includ- 
ing in  that  sum  the  fees  allowed  by  law.  And  tlx'  amount  he  shall 
collect  in  anv  one  year  for  fees  exceeding  the  sum  of  two  thousand 
dollars  shall'be  accounted  for  and  paid  into  the  Treasury  of  the  United 
States. 

Sec.  2672.  The  collector  for  the  district  ot  San  Francisco  shall  receive 
a  salary  of  six  thousand  dollars  a  year. 

Sec."2073.  The  collector  for  the  district  of  Oregon  shall  receive  a 
salary  of  three  thousand  dollars  a  year,  and  no  more,  to  include  the 
fees  of  his  office. 


330  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Sec.  2674.  The  collector  of  the  district  of  Wilraiuofton,  Delaware 
shall  receive,  iD  addition  to  the  fees  and  etuolumeuts  established  by  law 
a  salary  of  five  hundred  dollars  a  year. 

Sec.  2675.  The  collectors  for  the  districts  of  Chicago,  Milwaukee. 
Superior,  Detroit.  Miami,  Sandusky,  Cuyahoga,  Erie,  Dunkirk,  Buffalo 
Creek,  Niagara.  Genesee,  Oswego,  Cape  Viucent,  Oswegatchie,  Cham 
plain,  Huron,  Michigan,  Montana  and  Idaho,  Minnesota,  Du  Luth 
and  Vermont,  shall  receive  a  sahiry  of  one  thousand  dollars  a  year 
each,  and,  in  addition  thereto,  the  fees  allowed  by  law,  and  a  comni 
sion  of  three  i>er  centum  on  all  money's  collected  and  accounted  for  by 
them  respectively,  on  account  of  duties  on  imi)orts,  tonnage,  and  ma 
rine-hospital  <lues.  But  the  aggregate  compensation  derived  from 
salary,  fees,  and  commissions  shall  not  iu  any  case  exceed  the  sum  of 
tweniv-ftve  hundred  dollars  per  annum,  subject  to  the  provisions  of 
section  twenty-six  hundred  aud  eighty-seven.  And  whenever  the  ag- 
gregate of  salary,  fees,  and  comm  ssions  shall  in  any  case  exceed  the 
sum  of  twenty-five  hundred  dollars,  after  deducting  the  necessary 
expenses  incident  to  the  office,  for  and  during  the  same  period  for 
which  such  compensation  is  allowed,  the  excess  shall,  in  every  such 
case,  be  paid  into  the  Treasury  of  the  United  States. 

Sec.  2676.  The  collectors  for  the  districts  of  Galveston,  Saluria, 
Corpus  Christi,  and  Brazos  de  Santiago  shall  receive  a  salary  of  one 
thousand  five  hundred  dollars  a  year  each,  in  addition  to  the  fees  of 
ojaice.  But  such  compensation  shall  in  no  case  exceed  the  sum  of 
twenty-five  hundred  dollars  per  annum  in  the  aggregate. 

Sec.  2677.  The  collectors  for  the  districts  of  Beaufort,  iu  South  Caro- 
lina, and  Pensacola  shall  receive  a  salary  of  one  thousand  dollars  a  year 
each,  in  addition  to  the  fees  of  oflBce. 

Sec.  2678.  The  collectors  for  the  district  of  Georgeto^^n  iu  the  Dis- 
trict of  Columbia,  and  for  the  districts  of  Cherrystone,  Brunswick, 
Saint  Augustine,  Saint  Mark's,  and  Apalachicola  shall  receive  a  salary 
of  five  hundred  dollars  a  year  each,  in  addition  to  the  fees  of  office. 

Sec.  2679.  The  collector  for  the  eastern  district  of  Maryland  shall 
receive  a  salary  of  twelve  hundred  dollars  a  year. 

Sec.  2680.  The  collectors  for  the  districts  of  Albemarle,  Pamlico, 
Beaufort,  and  Wilmington,  in  the  State  of  N^orth  Carolina,  shall  receive 
a  salary  of  one  thousand  dollars  a  year  each,  in  addition  to  the  fees  of 
office.  Such  compensation,  however,  shall  in  no  case  exceed  the  sum  of 
twenty-five  hundred  dollars  a  year  in  the  aggregate. 

Sec.  2681.  The  collector  for  the  district  of  Alaska  shall  receive  a 
salary  of  two  thousand  five  hundred  dollars  a  year  in  addition  to  the 
usual  legal  fees  and  emoluments  of  the  office.  But  his  entire  compen- 
sation shall  not  exceed  four  thousand  dollars  a  year,  or  a  proportionate 
sum  for  a  less  period  of  time. 

Sec.  2682.  The  collector  for  the  district  of  Aroostook  shall  receive  a 
salary  of  one  thousand  dollars  a  year  ;  and  in  addition  thereto,  the  fees 
allowed  by  law  aud  a  commission  of  three  per  centum  on  all  moneys  col- 
lected and  accounted  for  by  him.  But  the  aggregate  maximum  com- 
l)ensatiou  of  the  collector  shall  not  exceed  fifteen  hundred  dollars,  which 
shall  be  the  entire  compensation  allowed. 

Sec.  2683.  The  collector  for  the  district  of  Willamette  shall  receive  a 
salary  of  one  thousand  dollars  a  year,  Avith  the  fees  allowed  by  law,  and 
a  commission  on  all  customs  money  collected  and  accounted  for  by  him, 
such  salary,  fees,  aud  commissions  not  to  exceed  three  thousand  dollars 
a  vear. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  331 

Sec.  2G84.  The  collector  for  tlie  district  of  Sau  Diego  shall  receive  a 
salary  of  three  thousand  dollars  a  year. 

Sec.  2085.  The  collector  for  the  southern  district  of  Oregon  shall  re- 
ceive a  salary  of  one  thousand  dollars  a  year,  with  the  fees  allowed  by 
law,  and  a  commission  on  all  customs  money  collected  and  accounted 
for  by  him,  sucth  salary,  fees,  and  commissions  not  to  exceed  the  sum  of 
two  thousand  tive  hundred  dollars  a  year. 

Sec.  2080.  Whenever  a  collector  shall  die  or  resign,  the  commissions 
to  which  he  would  have  been  entitled,  on  the  receipt  of  all  duties  bonded 
by  him,  shall  be  equally  divided  between  the  collector  resigning,  or  the 
legal  representative  of  such  deceased  collector,  and  his  successorin  oflice, 
whose  duty  it  shall  be  to  collect  the  same  ;  and  for  this  i)urpose  all  the 
public  or  ofiicial  books,  papers,  and  accounts  of  the  collector  resigning 
or  deceased  shall  be  delivered  over  to  such  successor. 

Sec.  2087.  Collectors  and  all  other  ofticers  of  the  customs,  serving  for 
a  less  period  than  a  year,  shall  not  be  paid  for  the  entire  year,  but  shall 
be  allowed  in  no  case  a  greatcn-  than  a  pro  rata  of  the  maximum  com- 
pensation of  such  ofticers  respectively  for  the  time  only  svhich  tliey  act- 
ually serve  as  such  (Collectors  or  officers,  whether  the  same  be  uiulerone 
or  n'lore  appointments,  or  before  or  after  contirnnition.  And  no  collect- 
or or  other  officer  shall,  in  any  case,  receive  for  his  services,  either  as 
fees,  salary,  tines,  penalties,  forfeitures,*  or  otherwise,  for  the  time  he 
may  be  in  t-ervice,  bcvond  the  maximum  pro  rata  rate  provided  l)y  law. 
And  this  section  shall  be  applied  and  enforced  in  regard  to  all  officers, 
agents,  and  employes  of  the  United  States  whomsoever,  as  well  those 
whose  compensation  is  determined  by  a  commission  on  disbursements, 
not  to  exceed  an  annual  maximum,  as  those  paid  by  salary  or  other- 
wise. 

Sec.  2088.  No  collector,  or  surveyor  performing  the  duties  of  collect- 
or, shall,  on  any  pretense  whatsoever,  receive,  hold,  or  retain  for  him- 
self, in  the  aggregate,  more  than  six  thousand  dollars  per  year,  including 
all  commissions  for  duties,  and  all  fees  for  storage,  or  fees  or  emolu- 
ments, or  any  other  commissions  or  salaries  which  are  now  allowed  and 
limited  by  law.  That  hereafter  the  maximum  compensation  of  each 
surveyor  of  customs,  ])erforining  the  duties  of  collectors  of  customs, 
shall  be  five  thousand  dollars  a  year,  out  of  any  and  all  fees  and  emol- 
uments by  hiu)  received. 

Sec.  2(;8y.  The  aggregate  sums  allowed  in  each  year  to  tiie  collect- 
ors, naval  officers,  and  surveyors,  shall  be  exclusive  of  the  necessary 
expenses  incident  to  their  res])ective  offices,  in  the  same  year,  subject  to 
the  regulation  of  the  Secretary  of  the  Treasury. 

Sec.  2000.  Whenever  the  emoluments  of  any  collector  of  either  of  the 
ports  of  Boston,  Portland  |inj  Maine,  New  York,  Philadeli)hia,  Balti- 
more, Charleston,  Savanmdi,  or  New  Orleans  shall  exceed  six  thousand 
dollars,  or  the  eniolunuMits  of  any  naval  otlicer  of  either  of  those  ports 
shall  exceed  tive  thousand  dollars,  or  the  emoluments  of  any  surveyor 
of  either  of  said  i)orts  shall  exceed  four  thousand  five  hundred  dollars, 
in  any  one  year,  after  deducting  the  necessary  expenses  incident  to  his 
office'in  the  same  year,  the  excess  shall,  in  every  such  case,  be  paid  into 
the  Treasury  for  the  use  of  the  Tnited  States. 

Sec.  2()!)L  Whenever  the  emoluments  of  any  other  collector  shall 
exceed  three  thousand  dollars,  or  the  emoluments  of  any  other  naval 
officer  shall  exceed  two  thousaiul  five  hundred  dollars,  or  the  emoluments 
of  any  other  surveyor  shall  exceed  two  thousand  dollars,  in  any  one 

"See  sec.  2691. 


332  NAVIGATION    LAWS    OF    THE    UNITED    STATEts. 

year,  after  deducting  therefrom  the  necessary  expenses  incident  to  his 
office  ill  the  same  year,  the  excess  shall,  in  ever^^  such  case,  be  paid  into 
the  Treasury,  for  the  use  of  the  United  States.  But  the  provisions  of 
this  and  the  preceding  section  shall  not  extend  to  fines,  penalties,  or 
forfeitures,  or  the  distribution  thereof.  No  collector,  surveyor,  or  naval 
oflBcer  shall  ever  receive  more  than  four  hundred  dollars  annually,  ex- 
clusive of  his  coini)ensation  as  collector,  surveyor,  or  naval  officer,  and 
the  fines  and  forfeifures  allowed*  by  law,  for  any  services  he  may  per- 
form for  the  United  States  in  any  office  or  capacity,  except  as  provided 
in  sections  twenty-six  hundred  and  fifty  four  and  twenty  six  hundred 
and  fifty  seven. 

Seo.  2G02.  In  all  cases  in  which  the  fees  and  emoluments  receive<l  by 
any  collector  or  other  principal  officer  of  the  customs  are,  in  the  o[)inion 
of  the  Secretary  of  the  Treasury,  insufficient  to  afford  a  reasonable  com- 
pensation for  tlie  services  of  such  officer,  after  payment  out  of  the  same 
of  reasonable  incidental  expenses  of  the  office,  the  Secretary  may  direct 
that  so  much  of  the  incidental  expenses  as  shall  seem  to  him  to  be  just 
shall  be  paid  out  of  the  appropriation  for  paying  the  expenses  of  col- 
lecting the  revenue  ;  and  the  Secretary  shall  have  the  same  power  in 
regard  to  incidental  ex{)enses  which  have  heretofore  been  incurred,  and 
which  have  not  been  settled  and  paid  into  the  Treasury;  and  all  fees 
paid  into  the  Treasury  by  customs  officers  shall  be  placed  to  the  credit 
of  the  fund  for  defraying  the  expenses  of  collecting  the  rexenue  from 
customs. 

Sec.  2093.  No  account  for  the  compensation  for  services  of  auy  clerk, 
or  other  jterson  employed  in  any  duties  in  relation  to  the  collection  of 
the  rexenue,  shall  be  allowed,  until  such  clerk  or  other  person  shall 
have  certified,  on  oath,  that  the  same  services  have  been  performed, 
that  he  has  received  the  full  sum  therein  charged  to  his  own  use  and 
benefit,  and  that  he  has  not  paid,  deposited,  or  assigned,  or  contracted 
to  pay,  dejmsit,  or  assign,  any  part  of  such  com])ensation  to  the  use  of 
any  other  person,  or  in  any  way,  directly  or  indirectly,  i)aid  or  given,  or 
contracted  to  pay  or  give,  any  reward  or  compensation  for  his  office  or 
employment,  or  the  emoluments  thereof. 

Sec.  2G!>4.  The  assistant  collector  api)ointed  at  New  York  shall  re- 
ceive a  salary  of  five  thousand  dollars  a  year,  ami  shall  ]>ertbrm  such 
duties  and  exercise  such  powers  now  devolved  on  the  collector  as  may 
be  assigned  to  him  by  that  officer;  and  all  the  official  acts  of  such  as- 
sistant, in  pursuance  of  such  assignment,  shall  be  as  valid  in  law  as  if 
performed  by  the  collector  himself.  The  collector  shall  be  responsible 
for  the  official  acts  of  such  assistant,  and  no  additional  appropriation 
shall  be  made  for  the  payment  of  his  compensation. 

Sec.  2095.  The  assistant  collector  at  Jersey  City,  in  New  Jersey,  shall 
receive  a  salary  of  two  thousand  dollars  a  year  in  full  for  all  the  serv- 
ices to  be  by  him  i)erformed,  and  in  lieu  of  commissions  and  fees. 

Sec.  2000.  The  assistant  collector  at  Camden,  in  New  Jersey,  shall 
receive  a  salary  of  fifteen  hundred  dollars  a  year  in  full  for  all  services 
to  be  by  him  ])erformed,  and  in  lieu  of  commissions  and  fees. 

Sec.  2097.  Tiiedei)uty  collectors  at  New  York,  Boston,  Philadelphia^ 
Baltimore,  New  Orleans,  Portland  in  Maine,  and  San  Francisco,  shall 
receive  a  salary  of  three  thousand  dollars  a  year  each,  payable  out  of 
the  apjtropriation  for  expenses  of  collecting  tlie  revenue  from  customs. 

Sec.  2098.  The  deputy  collectors  at  Eureka,  and  Vallejo,  in  Califor- 
nia, shall  receive  a  salary  of  one  thousand  five  hundred  dollars  a  year 
each. 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       o38 

Sec.  2G99.  The  deputy  collector  at  Potomac  sluill  receive  a  salary  of 
one  thousand  dollars  a  year. 

Sec.  2700.  The  dei)nty  collector  at  Shreveport  shall  receive  a  salary 
to  be  determined  by  the  Secretary  of  the  Tieasury,  not  exceeding  filieeu 
hundred  doHars  a  year. 

Sec.  2701.  Tlie  dei)nty  collector  at  Saint  Panl  shall  receive  a  salary 
of  two  thousand  dollars  a  year,  which  shall  include  his  otHcial  emolu- 
menls  of  all  kinds.  And  he  shall  be  rcqnired,  in  addition  tohisdntics 
as  deputy  collector,  to  perform  the  duties  of  inspector,  without  addi- 
tional compensation. 

Skc.  2702.  The  dei)ury  collectors  at  ElUmhtrg  [Ellensber<?,j  at  the 
mouth  of  Kosue  River,  Port  Orford,  and  Gardiner,  shall  receive  a  salary 
of  one  thousand  dollars  a  year  each. 

Sec.  2703.  The  naval  otiicer  for  the  district  of  San  Francisco  shall 
receive  a  salaiy  of  four  thousand  five  hundred  dollars  a  year. 

Se(^  2704  No  naval  officer  shall,  on  any  pretense  whatever,  in  the 
agorieoate,  receive,  or  retain  for  himself  more  than  five  thousand  dollars 
a  year,  including  all  commissions  on  duties,  and  all  fees  for  storage,  or 
fees  or  emoluments,  or  any  other  commissions  or  salaries:  but  each 
naval  officer  shall  be  entitled  to  a  nmximum  compensation  of  five  thou- 
sand dollars  a  year  out  of  any  and  all  fees  and  emoluments  by  him 
received. 

Sec.  2705.  The  deputy  naval  officers  at  New  York,  Boston,  Philadel- 
phia, Baltimore,  New^  Orleans,  San  Francisco,  and  Portland  in  Maine, 
shall  receive  a  salary  of  two  thousand  five  hundred  dollars  a  year  each, 
payable  out  of  the  appropriation  for  expenses  of  collecting  the  revenue 
from  custon)s. 

Sec.  2700.  In  addition  to  the  allowances  and  fees  otherwise  ]>rovided 
by  law,  the  surveyor  at  Eastport  shall  receive  a  salary  of  five  hundred 
dollars  a  year;  the  surveyors  at  Portsmouth  in  New  Hampshire,  New- 
bury] ort,  Gloucester,  and  Fredericksburgh,  in  Virginia,  two  hundred 
and  fifty  dollars  a  year  each  ;  the  surveyors  at  Portland  in  Maine,  and 
Savannah,  one  hundred  and  fifty  dolhirs  a  year  each  ;  the  surveyors  of 
such  ports  as  may  be  established  by  the  President,  and  for  whom  no 
other  salaries  are  provided,  not  exceeding  two  hundred  and  fifty  dol- 
lars a  year  each. 

Sec.  2707.  The  surveyors  at  the  ports  in  the  district  of  New  Orleans, 
when  no  other  provision  is  made  by  law,  shall  receive,  in  a<ldition  to 
their  other  fees  and  emoluments,  a  salary  of  two  hundred  and  fifty  dol- 
lars a  year  ea<;h. 

Sec." 2708.  The  surveyors  at  the  ports  of  Pittsburgh  in  Pennsylvania, 
Wheeling  in  West  Virginia,  Cincinnati  in  Ohio,  Louisville  in  Kentucky, 
Saint  Louis  in  Missouri,  Memi)his  and  Nashville  in  Tennessee,  Evans- 
ville  and  New  Albany,  Madison  and  Jetfersonville  in  Indiana;  Alton, 
Quincv  and  Galena  in  Illinois;  Burlington,  Keokuk,  and  Dubuque  in 
Iowa;'  Paducah  in  Kentucky,  Selma  in  Alabama,  Parkersburgh  iu 
West  Virginia,  Leavenworth  in  Kansas,  Omaha  in  Nebraska,  Saint 
Joseph  and  Kansas  (^ity  in  Missouri,  shall  receive,  in  addition  to  the 
custoniary  fees,  a  salary  of  three  hundred  and  titty  dollars  a  year  each. 
Sec.  2709.  The  surveyor  at  the  port  of  Velasco  shall  receive  a  salary 
not  exceeding  one  thousand  dollars  a  year,  including  in  that  sum  the 
fees  allowed  by  law  ;  and  the  amount  collected  by  such  surveyor  in  any 
one  year  for  fees,  exceeding  the  sum  of  (me  thousand  dollars,  shall  be 
accounted  for  and  paid  into  the  Treasury. 

Sec.  2710.  The  surveyors  at  Matagorda  and  Lavacca,  in  the  district 
of  Saluria,  shall  receive  a  salary  of  six  hundred  dollars  a  year  each. 


334  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

The  surveyor  at  Copauo  shall  receive  a  salary  of  five  hundred^^dollars 
a  year. 

*  Sec.  2711 .  Thestirveyors  at  Pacific  City  andat  Milwaukee  [Oregon]  shall 
rective,  in  addition  to  the  fees  authorized  by  laic,  a  salary  not  exceeding  one 
thousand  dollars  a  year  each. 

Sec.  2712.  Tlie  surveyor  at  Cairo,  in  Illiuois,  shall  receive  a  salary  of 
eight  hundred  dollars  a  year. 

Sec.  2713.  The  surveyor  at  Selma  shall  receive,  iu  addition  to  his  fees, 
a  salary  of  three  hundred  and  fifty  dollars  a  year. 

Sec.  2714.  The  surveyor  at  San  Francisco  shall  receive  a  salary  of 
four  thousand  dollars  a  year. 

Sec.  2715.  The  surveyor  at  Salem  and  Beverly  shall  receive  a  salary 
of  four  hundred  dolhirs  a  year. 

Sec.  2716.  The  surveyor  at  Michigan  City  shall  receive  a  salary  of 
three  hundred  and  fifty  dollars  a  year. 

Sec.  2717.  The  surveyor  at  Albany  shall  receive,  in  addition  to  the 
customary  fees  and  emoluments  of  his  office,  a  salary  of  six  hundred 
dollars  a  year. 

Sec.  2718.  The  surveyor  at  La  Crosse,  in  Wisconsin,  shall  receive  a 
compensation  not  exceediug  twelve  hundred  dollars  a  year. 

Sec.  2719.  Whenever  the  emoluments  of  any  surveyor  at  either  of  the 
ports  of  Portland,  [iuj  Maine,  Boston,  New  York,  Philadelphia,  Balti- 
more, Charleston,  Savannah,  or  I^ew  Orleans,  shall  exceed  four  thou- 
sand five  hundred  dollars  in  any  one  year,  after  deducting  the  neces- 
sary expenses  iiicident  to  his  office  in  the  same  year,  the  excess  shall 
be  paid  into  the  Treasury,  for  the  use  of  the  United  States. 

tSEC.  2720.  Whenever  the  emoluments  of  any  survej'or,  other  than 
those  named  iu  the  preceding  section,  shall  exceed  two  thousand  dollars 
in  any  one  year,  after  deducting  therefrom  the  necessary  expenses  inci- 
dent to  his  ofUce  in  the  same  year,  the  excess  shall  be  paid  into  the 
Treasury  for  the  use  of  the  United  States  [but  each  surveyor  of  this 
class  shall  be  entitled  to  a  maximum  compensation  of  two  thousand 
dollars  a  year  out  of  any  and  all  fees  and  emoluments  by  him  received]. 
And  no  surveyor  shall,  on  any  pietense  whatever,  in  the  aggregate,  re- 
ceive, or  retain  for  himself,  more  than  four  thousand  five  hundred  dol- 
lars a  year,  including  all  commissions  or  fees  or  emoluments,  or  any 
other  commissions  or  salaries  which  are  now  allowed  and  limited  by 
law;  but  each  surveyor  [at  the  ports  designated  in  section  twenty- 
seven  hundred  and  nineteen]  shall  be  entitled  to  a  maximum  compensa- 
tion of  four  thousand  five  hundred  dollars  a  year,  out  of  any  and  all  fees 
and  emoluments  by  him  received.  And  when  any  surveyor  shall  per- 
form the  duties  of  collector,  he  shall  be  entitled  to  the  same  compensa- 
tion as  is  allowed  to  a  collector  for  like  services,  and  shall  be  subject  to 
the  same  limitations. 

Sec.  2721.  The  deputy  surveyor  at  San  Francisco  shall  receive  a 
salary  of  three  thousand  dollars  a  year. 

Sec.  2722.  The  deputy  surveyors  at  New  York,  Boston,  Philadelphia, 
Baltimore,  Neu'  Orleans,  and  Portlaiul,in  Maine,  shall  receive  a  salary 
of  two  thousand  five  hundred  dollars  a  year  each,  payable  out  of  the 
appropriation  for  expenses  of  collecting  the  revenue  from  customs. 

Sec.  2723.  The  deputy  surveyor  at  Savannah  shall  receive  as  salary 
not  more  than  one  thousand  five  hundred  dollars  a  year. 

*  Pacific  City  and  Milwaukee  (Oregon)  were,  on  the  passage  of  the  bili,  stricken  out 
as  ports  of  delivery.     (See  sees.  2586  and  2587.) 

tThis  section  appears  to  be  contradictory  to  itself  as  well  as  to  other  provisions  of 
this  chapter  relating  to  compensation  of  surveyors.     (See  sec.  2647.) 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       335 

Sec.  2724.  The  principal  api)raisers  at  Savannah  and  Charleston  shall 
receive  a  salary  of  fitteen  hnndred  dollars  a  year  each. 

Sec.  27li.").  The  merchants  who  may  be  ai)pointed  to  act  as  appraisers^ 
as  provided  in  section  twenty-six  hnndred  and  nine,  shall  receive  a  com- 
pensation of  five  dollars  a  day  while  actually  employed. 

Sec.  272(5.  The  general  appraiser  at  New  York  shall  receive  a  salary 
of  three  thousand  dollars  a  year. 

*Sec.  2727.  The  four  general  ai)praisers  authorized  by  law  shall  receive 
a  salary  of  two  thousand  five  hundred  dollars  a  year,  each,  together 
with  their  actual  traveling  expenses,  to  be  regulated  by  the  Secretary 
of  the  Treasury. 

*Sec.  2728.  The  local  appraisers  and  general  appraisers  at  Boston, 
Philadelphia,  Baltimore,  and  New  Orleans,  shall  receive  a  salary  of  three 
thousand  dollars  a  year  each,  i)ayable  out  of  the  appropriation  for  ex- 
penses ot  collecting  the  revenue  from  customs. 

Sec.  2729.  The  appraiser  at  New  York  shall  receive  a  salary  of  four 
thousand  dollars  a  year,  to  be  paid  out  of  the  appropriation  for  defray- 
ing the  expenses  of  collecting  the  revenue,  in  monthly  pavments,  and  in 
due  proportion  for  any  period  less  than  one  mouth  from  the  time  he  may 
actually  serve. 

Sec.'2730.  The  appraisers  at  Providence,  Norfolk,  Portland  in  Maine, 
Pittsburgh,  BuffalOjChicago,  Detroit,  Cincinnati,  Sain  t  Louis,  Evansville, 
Milwaukee  [in  Wisconsin],  Louisville,  Cleveland,  San  Francisco,  Port- 
land in  Oregon,  Memphis,  and  Mobile,  shall  receive  a  salary  of  three 
thousand  dollars  a  year  each. 

*Sec.  2731.  The  assistant  appraisers  at  the  port  of  New  York  shall 
receive  a  salary  of  three  thousand  dollars-  a  year,  to  be  paid  out  of  the 
appropriation  for  defraying  the  expenses  of  collecting  the  revenue,  and 
paid  to  them  in  monthly  payments,  and  in  due  proportion  for  any  period 
less  than  one  month  from  the  time  they  may  actually  serve. 

Sec.  2732.  The  assistant  appraisers  at  Boston,  Philadelphia,  Balti- 
more, New  Orleans,  Portland,  and  San  Francisco  shall  receive  a  salary 
of  twenty-five  hundre<l  dollars  a  year  each. 

Sec.  2733.  Each  inspector  shall  receive,  for  every  day  he  shall  be 
actually  employed  in  aid  of  the  customs,  three  dollars;  and  for  every 
other  person  that  the  collector  nuiy  find  it  necessary  and  expedient  to 
employ,  as  occasional  inspector,  or  in  any  other  way  in  aid  of  the  revenue, 
a  like'suin,  while  actually  so  employed,  not  exceeding  three  dollars  for 
every  day  so  employed. 

Sec.  2734.  The  insi)ectors  at  San  Antonio,  Eagle  Pass,  Presidio  del 
Norte,  and  San  Elizario,  or  the  other  places  designated  by  the  Secretary 
of  the  Treasury  on  the  routes  to  San  Fernando,  Paso  del  Norte,  and 
Chihuahua,  in  .Mexico,  shall  receive  a  salary  of  two  hundred  and  fifty 
dollars  a  year  each. 

Sec.  2735.  The  inspectors  at  Monterey,  Sacramento,  Benicia,  Stock- 
ton, San  Pedro,  and  Santa  Barbara,  shall  receive  a  salary  of  one  thou- 
sand dollars  a  year  each. 

Sec.  2730.  The  compensation  of  the  inspector  at  Chester  shall  not 
exceed  that  allowed  by  law  to  insi)ector8  at  the  port  of  Philadelphia. 

Sec.  2737.  The  SciTetary  of  the  Treasury  may  increase  the  compen- 
sation of  inspectors  of  customs  in  such  ports  as  he  nray  think  it  advisa- 
ble so  to  do,  and  uuiy  designate,  by  adding  to  the  present  com])ensation 
of  such  officers  a  sum  not  exceeding  one  dollar  per  day. 

Sec.  2738.  All  aids  to  the  revenue  or  others  performing  the  duties  of 

•The  act  of  July  2^,  18(36,  chap.  29:5,  sec.  4,  superseded  the  act  of  March  3,  1851,  chap. 
38,  sec.  3.     Sec.  2727  is  hased  ou  the  act  of  18ol ;  2728  ou  that  of  1866. 


336  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

inspectors  of  cnstoms  in  any  collection-district,  shall  be  paid  the  same 
per-diem  c()uii)ensation  as  inspectors  of  customs. 

Sec.  2739.  The  custom-house  weighers  at  the  ports  of  Boston,  Phila- 
delphia, Baltimore,  New  Orleans,  Portland,  in  Maine,  and  San  Francisco, 
shall  receive  a  salary  of  two  thousand  dollars  each,  payable  out  of  the 
api)ropriarion  for  expenses  of  collecting  the  revenue  from  customs. 

Sec.  2740.  The  three  head  gangers  at  the  port  of  New  Orleans  shall 
receive  a  salary  of  one  thousand  live  hundred  dollars  a  year  each. 

Sec.  2741.  The  gungers  at  the  port  of  New  York  shall  receive  a  salary 
of  two  thousand  dollars  a  year  each  :  but  the  amount  of  com])ensation 
of  such  ofticers,  as  hereby  established,  sliall  not  exceed  in  any  fiscal 
year  the  amount  of  fees  earned  by  them. 

Sec.  2742.  The  compensation  of  gangers  and  measurers  at  the  port  of 
Boston  shall  be  the  siime  as  })rovided  for  the  same  class  of  officers  [gang- 
ers] at  the  port  of  New  York. 

*tSEC.  2743.  Thesalariesof  the  special  examiners  of  drugs,  medicines, 
chemicals,  and  so  forth,  except  at  New  York  and  San  Francisco,  shall 
be  one  thousand  dollars  a  year,  and  shall  be  paid  each  year  quarterly. 

tSEC  2744.  The  special  examiner  of  drugs,  chemicals,  medicines,  and 
so  forth,  at  San  Francisco,  shall  receive  a  salary  of  two  thousand  dollars 
a  year. 

tSEC.  2745.  The  compensation  of  the  examiners  at  the  port  of  New 
York  shall  be  limited  and  fixed  by  the  Secretary  of  the  Treasury,  but 
shall  not  exceed  the  rate  of  twenty  five  hundred  dollars  a  year  each. 
The  compensation  of  clerks,  verifiers,  samplers,  openers,  packers,  and 
messengers,  at  the  port  of  New  York,  shall  be  limited  and  fixed  by  the 
Secretary  of  the  Treasury,  but  shall  not  exceed  the  rates  of  compensa- 
tion usually  paid  for  similar  services. 

Sec.  2745.  Au  additional  comi)ensation  of  twenty-five  per  centum 
shall  be  continued  to  the  appraisers,  deputy  naval  officers  [and  weigh- 
ers] at  the  port  of  San  Francisco. 


REVENUE  CUTTERS  AND  BOATS. 

(Revised  Statutes,  chap.  3.) 

I  Sec.  2747.  The  President  may,  for  the  better  securing  the  collection 
of  imi)ort  or  tonnage  duties,  cause  to  be  maintained  so  many  of  the 
revenue  cutters  as  may  be  necessary  to  be  employed  for  the  protection 
of  the  revenue,  the  expense  whereof  shall  be  paid  out  of  such  sum  as 
shall  be  annually  appropriated  for  the  revenue-cutter  service,  and  not 
otherwise. 

Sec.  274S.  The  President  may  from  time  to  time  cause  such  of  the 
reveuue-cutters  as  have  become  unfit  for  further  service  to  be  sold;  and 
the  proceeds  shall  be  paid  into  the  Treasury  :  Provided,  That  the  Sec- 
retary of  the  Treasury  may  apply,  in  the  purchase  or  construction  of 
revenue-cutters,  any  unexpended  balance  of  the  proceeds  of  revenue- 
cutters  sold  by  him  under  the  authority  of  section  two  of  the  act  of 
twentieth  April,  eighteen  hundred  and  sixty-six,  chapter  sixty-three. 

Sec.  2749.  The  officers  for  each  revenue- vessel  shall  be  one  captain, 
and  one  first,  one  second,  and  one  third  lieutenant,  and  for  each  steam- 

»  See  sec.  2938.  t  See  sec.  2611.  t  See  sec.  5318. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  337 

vessel,  iu  additiou,  oue  engineer  and  one  assistant  engineer;  but  tbe 
Secretary  of  tlie  Treasury  may  assign  to  any  vessel  a  greater  number  of 
officers  whenever  in  his  opinion  the  nature  of  the  service  which  she  is 
directed  to  perform  requires  it.  And  vessels  of  both  descriptions  shall 
have  such  number  of  pett3'  officers  and  men  as  in  the  opinion  of  the 
Secretary  are  required  to  make  them  efficient  for  their  service. 

Sec.  2750.  The  grades  of  engineers  shall  be  chief  engineer,  and  first 
and  second  assistant  engineer,  with  the  ]>ay  and  relative  rank  of  first, 
second,  and  third  lieutenant,  respectively. 

Sec.  2751.  The  commissioned  officers  of  the  revenue-cutter  service 
shall  be  ap])ointed  by  the  President,  by  and  with  the  advice  and  con- 
sent of  the  Senate. 

Sec.  2752.  No  person  shall  be  appointed  to  the  office  of  captain,  first, 
second,  or  third  lieutenant,  of  any  revenue-cutter,  who  does  not  adduce 
competent  proof  of  proficiency  and  skill  iu  navigation  and  seamanship. 

Sec.  2753.  The  compensation  of  the  officers  of  the  revenue-cutter  serv- 
ice shall  be  at  the  following  rates  while  on  duty: 

Captains,  twenty-five  hundred  dollars  a  year  each. 

First  lieutenants  and  chief  engineers,  eighteen  hundred  dollars  a  year 
each. 

Second  lieutenants  and  first  assistant  engineers,  fifteen  hundred  dol- 
lars a  year  each. 

Third  lieutenants  and  second  assistant  engineers,  twelve  hundred 
dollars  a  year  each. 

And  at  the  following  rates  while  on  leave  of  absence  or  while  waiting 
orders  : 

Captains,  eighteen  hundred  dollars  a  year  each. 

First  lieutenants  and  chief  engineers,  fifteen  hundred  dollars  a  year 
each. 

Second  lieutenants  and  first  assistant  engineers,  twelve  hundred  dol- 
lars a  year  each. 

Third  lieutenants  and  second  assistant  engineers,  nine  hundred  dol- 
lars a  year  each. 

Sec.  275i.  The  wages  of  petty  officers  and  seamen  of  the  revenue  cut- 
ter service  shall  not  exceed  the  average  wages  paid  for  like  services  on 
the  Atlantic  or  Pacific  coasts,  respectively,  iu  the  merchant  service. 

Sec.  2755.  Each  officer  of  the  revenue-cutter  service,  while  on  duty, 
shall  be  entitled  to  oue  IS^avy  ration  per  day. 

Sec.  2756.  The  Secretary  of  the  Treasury  may  cause  contracts  to  be 
made  for  the  supply  of  rations  for  the  officers  and  men  of  the  revenue- 
cutters. 

*Sec.  2757.  The  revenue-cutters  shall,  whenever  the  President  so 
directs,  co-o[)erate  with  the  Xavy,  during  which  time  they  shall  be  under 
the  direction  of  the  Secretary  of  the  Kavy,  and  the  expenses  thereof  shall 
be  defrayed  by  the  Xavy  Department. 

Sec.  2758.  The  Secretary  of  the  Treasury  may  direct  the  performance 
of  any  service  by  the  revenue-vessels  which,  in  his  judgment,  is  necessary 
for  the  protection  of  the  revenue. 

Sec.  2759.  The  revenue-cutters  on  the  northern  and  northwestern 
lakes,  ivhen  put  iu  commission,  shall  be  specially  charged  with  aiding 
vessels  in  distress  on  the  lakes. 

Sec.  2700.  The  officers  of  the  revenue-cutters  shall  respectively  be 
deemed  officers  of  the  customs,  and  shall  be  subject  to  the  direction  of 
such  collectors  of  the  revenue,  or  other  officers  thereof,  as  from  time  to 


*  See  sees.  1492,  4741,  5557  aud  5558. 
H.  Mis.  391 22 


338  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

time  shall  bo.  desifjuated  for  that  purpose.  They  shall  go  on  board  all 
vessels  which  arrive  within  the  United  States  or  within  four  leagues  of 
the  coast  thereof,  if  bound  for  the  (Juited  States,  and  search  and  exam- 
ine the  same,  and  every  part  thereof,  and  shall  demand,  receive,  and  cer- 
tify the  manifests  required  to  be  on  board  certain  vessels,  shall  affix  and 
put  proper  fastenings  on  the  hatches  and  other  communications  with 
the  hold  of  any  vessel,  and  shall  remain  on  board  such  vessels  until  they 
arrive  at  the  port  or  place  of  their  destination. 

Sec.  2761.  The  master  of  any  revenue  cutter  shall  make  a  weekly 
return  to  the  collector,  or  other  officer  of  the  district  under  whose 
direction  it  is  placed,  of  the  transactions  of  the  cutter,  specifying  the 
vessels  that  have  been  boarded,  their  names  and  descriptions,  the 
names  of  the  masters,  from  what  port  or  place  they  last  sailed,  whether 
laden  or  in  ballast,  to  what  nation  belonging,  and  whether  they  have 
the  necessary  manifests  of  their  cargoes  on  board,  and  generally  all 
such  matters  as  it  may  be  necessary  for  the  officers  of  the  customs  to 
know. 

Sec.  2762.  The  officers  of  revenue-cutters  shall  perform,  in  addition 
to  the  duties  hereinbefore  prescribed,  such  other  duties  for  the  collec- 
tion and  security  of  the  revenue  as  from  time  to  time  shall  be  directed 
by  the  Sc^cretary  of  the  Treasury,  not  contrary  to  law. 

Sec.  27G3.  The  collector  of  each  district  may,  with  the  approval  of 
the  Secretary  of  the  Treasury,  provide  and  employ  such  small  open  row 
and  sail  boats,  and  persons  to  serve  in  them,  as  shall  be  necessary  for 
the  use  of  the  surveyors  and  inspectors  in  going  on  board  of  vessels 
and  otherwise,  for  the  better  detection  of  frauds. 

Sec.  2764:.  The  cutters  and  boats  employed  in  the  service  of  the  rev- 
enue shall  be  distinguished  from  other  vessels  by  an  ensign  and  pend- 
ant, with  such  marks  thereon  as  shall  be  prescribed  by  the  President. 
If  any  vessel  or  boat,  not  employed  in  the  service  of  the  revenue,  shall, 
within  the  jurisdiction  of  the  United  States,  carry  or  hoist  any  pendant 
or  ensign  prescribed  for  vessels  in  such  service,  the  master  of  the  vessel 
so  offending  shall  be  liable  to  a  penalty  of  one  hundred  dollars. 

Sec.  2765.  Whenever  any  vessel  liable  to  seizure  or  examination  does 
not  bring-to,  on  being  required  to  do  so,  or  on  being  chased  by  any  cut- 
ter or  boat  which  has  displayed  the  pendant  and  ensign  prescribed  tor 
vessels  in  the  revenue  service,  the  master  of  such  cutter  or  boat  may 
fire  at  or  into  such  vessel  which  does  not  bring-to,  after  such  pendant 
and  ensign  has  been  hoisted,  and  a  gun  has  been  tired  by  such  cutter 
or  boat  as  a  signal ;  and  such  master,  and  all  persons  acting  by  or  under 
his  direction,  shall  be  indemnified  from  any  penalties  or  actions  for 
damages  for  so  doing.  If  any  person  is  killed  or  wounded  by  such 
firing,  and  the  master  is  prosecuted  or  arrested  therefor,  he  shall  be 
forthwith  admitted  to  bail.* 


ENTRY   OF  MERCHANDISE. 

(Revised  Statutes,  chap.  4.)  * 

Sec.  2766.  The  word  "merchandise,"  as  used  in  this  Title,  may 
include  goods,  wares,  and  chattels  of  every  description  capable  of  being 
imi)orted. 

Sec.  2767.  The  word  "  port,"  as  used  in  this  Title,  may  include  any 


See  sec.  4843,  first  subdivision. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  339 

place  from  which  iiierchaudise  can  be  shipped  for  importation,  or  at 
which  nierchiuulise  <'an  be  imported. 

Sec.  2708.  The  word  ''master,"  as  used  in  this  Title,  may  include  any 
person  having  the  chief  charge  or  command  of  the  employment  and 
navigation  of  a  vessel. 

Sec.  2700.  In  cases  where  the  forms  of  oflficial  documents,  as  prescribed 
hy  this  Title,  shall  be  substantially  complied  with  and  observed,  accord- 
ing to  the  true  intent  thereof,  no  penalty  or  forfeiture  shall  be  incurred 
by  a  deviation  therefrom. 

Sec.  2770.  It  shall  not  be  lawful  to  make  entry  of  any  vessel  which 
shall  arrive  within  the  (Jnited  States,  from  any  foreign  port,  or  of  the 
cargo  on  board  such  vessel,  elsewhere  than  at  one  of  the  ports  of  entry 
designated  in  chapter  oue  of  this  Title;  nor  to  unlade  the  cargo,  or  any 
part  thereof,  elsewhere  than  at  one  of  the  ports  of  delivery  therein  des- 
ignated, except  that  every  port  of  entry  shall  be  also  a  port  of  delivery  [.] 
This  section  shall  not  prevent  the  master  or  commander  of  any  vessel 
from  making  entry  with  the  collector  of  any  district  in  which  such  ves- 
sel may  be  owned,  or  from  which  she  may  have  sailed  on  the  voyage 
from  which  she  shall  then  have  returned. 

Sec.  2771.  Vessels  which  are  not  vessels  of  the  United  States  shall  be 
admitted  to  unlade  only  at  ports  of  entry  established  by  law ;  and  no 
such  vessel  shall  be  admitted  to  make  entry  in  any  other  district  than  in 
the  one  in  which  she  shall  be  admitted  to  unlade. 

Sec.  2772.  The  master  of  every  vessel  bound  to  a  port  of  delivery  only, 
in  any  district,  shall  first  come  to  at  the  port  of  entry  of  such  district, 
with  his  vessel,  and  there  make  report  and  entry  in  writing,  and  pay  all 
duties  required  by  law,  port  fees  and  charges,  before  such  vessel  shall 
proceed  to  her  port  of  delivery.  Any  master  of  a  vessel  who  shall  pro- 
ceed to  a  ])ort  of  delivery  contrary  to  such  directions  shall  be  liable  to 
a  }>ena]ty  of  five  hundred  dollars,  to  be  recovered  with  costs  of  suit. 

Sec.  2773.  If  any  vessel,  having  arrived  within  the  limits  of  any  col- 
lection-district, from  any  foreign  port,  departs,  or  attempts  to  depart 
from  the  same,  unless  to  proceed  on  her  way  to  some  more  interior  dis- 
trict to  which  she  may  be  bound,  before  report  or  entry  shall  have  been 
made  by  the  master  with  the  collector  of  some  district,  the  master  shall 
be  liable  to  a  penalty  of  four  hundred  dollars;  and  any  collector,  naval 
officer,  surveyor,  or  commander  of  any  revenue-cutter  may  cause  such 
vessel  to  be  arrested  and  brought  back  to  the  most  convenient  port  of 
the  United  States.  If,  however,  it  is  made  to  appear  by  the  oath  of  the 
master,  and  of  the  person  next  in  command,  or  by  other  sufficient  proof 
to  the  satisfaction  of  the  collector  of  the  district  within  which  such  ves- 
sel shall  afterward  come,  or  to  the  satisfaction  of  the  court  in  which  the 
prosecution  for  such  penalty  may  be  had,  that  the  departure  or  attempt 
to  dei)art  was  occasioned  by  stress  of  weather,  i)ursuit  or  duress  of  ene- 
mies, or  other  necessity,  the  penalty  imposed  by  this  section  shall  not 
be  incurred. 

Sec.  2774.  Within  twenty-four  hours  after  the  arrival  of  any  vessel, 
from  any  foreign  port,  at  any  port  of  the  United  States  established  by 
law,  at  which  an  otiicer  of  the  customs  resides,  or  within  any  harbor, 
inlet,  or  creek  thereof,  if  the  hours  of  business  at  the  office  of  the  chief 
officer  of  the  customs  at  such  i)ort  will  permit,  or  as  soon  therealter  as 
such  hours  will  permit,  the  master  shall  repair  to  such  office,  and  make 
report  to  thechief  officer,  of  the  arrival  of  the  vessel;  and  heshall, with- 
in forty-eight  hours  after  such  arrival,  make  a  further  report  in  writing, 
to  the  collector  of  tlie  district,  which  report  shall  be  in  the  form,  and 
shall  contain  all  the  particulars  required  to  be  inserted  in,  and  verified 


340  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

like,  a  mauifest.  Every  master  who  sliall  neglect  or  omit  to  make  either 
of  such  reports  and  declaratioDS,  or  to  verity  any  such  declaration  as  re- 
quired, or  shall  not  fully  comply  with  the  true  intent  and  meaning  of 
this  section,  shall,  for  each  oflen8e,be  liable  to  a  penalty  of  one  thousand 
dollars. 

Sec.  2775.  The  master  of  any  vessel  having  on  board  distilled  spirits, 
or  wines,  shall,  within  forty-eight  hours  after  his  arrival,  whether  the 
same  be  at  the  first  i>ort  of  arrival  of  such  vessel  or  not,  in  addition  to 
the  requirements  of  the  preceding  section,  report  in  writing  to  the  sur- 
veyor or  officer  acting  as  inspector  of  the  revenue  of  the  port  at  which 
be"  has  arrived,  the  foreign  port  from  which  he  last  sailed,  the  name  of 
his  vessel,  his  own  name,  the' tonnage  and  denomination  of  such  vessel, 
and  to  what  nation  belonging,  together  with  the  quantity  and  kinds  of 
spirits  and  wines,  on  board  of  the  vessel,  particularizing  the  number  of 
casks,  vessels,  cases,  or  other  packages  containing  the  same,  with  their 
marks  and  numbers,  as  also  the  quantity  and  kinds  of  spirits  and 
wines,  on  board  such  vessel  as  sea-stores,  and  in  default  thereof  he  shall 
be  liable  to  a  penalty  of  tive  hundred  dollars  and  any  spirits  omitted  to 
be  reported  shall  be  forfeited. 

Sec.  2776.  Any  vessel  may  proceed  with  any  merchandise  brought  in 
her,  and,  in  the  manifest  delivered  to  the  collector  of  the  customs,  re- 
ported as  destined  for  any  foreign  port,  from  the  district  within  which 
such  vessel  shall  iirst  arrive  to  such  foreign  port  without  paying  or  se- 
euring  the  payment  of  any  duties  upon  such  merchandise  as  shall  be 
actually  re-exported  in  the  vessel.  Hut  the  manifest  so  declaring  to  re- 
export such  merchandise  shall  be  delivered  to  such  collector  within  forty- 
sight  hours  after  the  arrival  of  the  vessel.  And  the  master  of  such  ves- 
sel shall  give  bond  as  required  by  the  next  section.  [See  Act  June  26, 
1884.] 

Sec.  2777.  The  master  of  any  vessel  so  destined  for  a  foreign  port 
shall  give  bond,  with  one  or  more  sureties,  in  a  sum  equal  to  the  amount 
of  the  duties  upon  the  merchandise,  as  the  same  shall  be  estimated  by 
the  collector  and  naval  officer  of  the  port  where  the  report  shall  be  made, 
to  the  satisfaction  of  the  collector,  with  condition  that  the  merchandise, 
or  any  part  thereof,  shall  not  belauded  within  the  United  States,  utdess 
due  entry  thereof  shall  have  been  tirst  made  and  the  duties  thereupon 
paid,  according  to  law.  Such  bond  shall  be  taken  for  the  same  period, 
and  canceled  in  like  manner,  as  a  bond  given  for  obtaining  drawback  of 
duties.  No  such  bond  shall  oe  required  in  respect  to  merchandise  on 
board  of  any  vessel  which  has  i)ut  into  the  United  States  from  a  neces- 
sity, shown  as  prescribed  in  section  twenty-seven  hundred  and  seventy- 
three. 

Sec.  2778.  The  collector  receiving  any  bond  conditioned  for  the  pay- 
ment of  duties  upon  merchandise  reported  as  destined  for  a  foreign  port, 
in  case  the  same  shall  be  landed  within  the  United  States,  or  any  other 
bonds  taken  upon  the  exportation  of  merchandise  entitled  to  drawback, 
shall  immediately  after  the  time  when  by  the  conditions  of  the  same 
they  ought  to  be  canceled,  put  the  same  in  suit,  provided  the  proof  of 
the  occurrence  of  such  a  necessity  as  excuses  a  landing  of  such  goods 
within  the  United  States  has  not  been  produced,  or  further  time  granted 
therefor  by  the  Secretary  of  the  Treasury. 

Sec.  2779.  Any  vessel  in  which  any  merchandise  is  brought  into  the 
United  States  from  any  foreign  port,  and  which  is  spec-itiedin  the  mani- 
fest verified  before  the  collector  of  the  port  in  which  such  vessel  first 
arrives,  to  be  destined  for  other  districts,  may  proceed  with  the  same 
from  district  to  district  within  the  United  States,  in  order  to  the  land- 


NAVIGATION   LAWS    OF    THE    UNITED    STATES.  341 

ing  or  delivery  thereof;  and  the  duties  on  such  of  the  merchandise  only 
as  shall  be  landed  in  any  district  shall  be  paid  within  such  district. 

Sec.  2780.  Before  any  vessel  departs  from  the  district  in  which  she 
shall  tirst  arrive  for  another  district,  jirovided  such  dei)arture  is  not 
within  forty-eight  hours  after  her  arrival  within  such  district,  with  mer- 
chandise brought  in  such  vessel  from  a  foreign  ])ort  on  which  the  duties 
have  not  been  paid,  the  master  shall  obtain  from  the  collector  of  the 
district  from  which  she  is  about  to  depart,  who  is  hereby  required  to 
grant  the  same,  a  copy  of  the  report  and  manifest  made  by  such  master, 
certified  by  the  collector,  to  which  co])y  shall  be  annexed  a  certificate  of 
the  quantity  and  particulars  of  the  merchandise  which  appears  to  him 
to  have  been  lauded  within  his  district,  or  of  the  quantity  and  particu- 
lars of  the  merchandise  which  remains  on  board  and  upon  which  the 
duties  are  to  be  paid  in  some  other  district. 

Sec.  2781.  Within  twenty-four  hours  after  the  arrival  of  such  vessel 
within  any  other  district,  the  master  shall  make  report  or  entry  to  or 
with  the  collector  of  such  other  district,  producing  and  showing  the  cer- 
tified copy  of  his  first  report,  together  with  a  certificate  from  each  col- 
lector of  any  other  district  within  which  any  of  the  merchandise,  brought 
in  such  vessel,  has  been  landed,  of  the  quantity  and  particulars  of  such 
merchandise  as  has  been  lauded  in  each  district  respectively. 

Sec.  2782.  The  master  shall,  however,  first  give  bond,  with  one  or 
more  sureties,  to  the  satisfaction  of  the  collector  of  the  district  within 
whicli  the  vessel  first  arrives,  in  a  sum  equal  to  the  amount  of  the 
duties  on  the  residue  of  the  merchandise,  according  to  such  estimate  as 
the  collector  shall  form  thereof,  with  condition  that  the  residue  of  such 
merchandise  shall  be  duly  entered  and  delivered  in  another  district  for 
which  the  same  has  been  reported  to  be  destined. 

Sec.  2783.  The  bond  shall  be  canceled  or  discharged  within  six  cal- 
endar months  from  the  date  thereof,  by  the  production  of  certificates 
from  the  collectors  of  the  districts  for  which  the  merchandise  has  been 
reported,  showing  the  due  entry  and  delivery  of  the  merchandise  in  such 
districts,  or  upon  due  pi  oof  to  the  satisfaction  of  the  collector  by  whom 
the  bond  was  taken,  and  to  tbe  naval  otticer  of  the  poit,  if  any,  that  such 
entry  and  delivery  were  i)revented  by  some  unavoidable  accident  or 
casualty,  and  if  the  whole  or  any  part  of  the  merchandise  has  not  been 
lost,  that  it  has  been  duly  entered  and  delivered  within  the  United 
States. 

Sec.  2784.  If  the  master  of  any  such  vessel  fails  by  his  neglect  or  fault 
to  obtain  the  co])y  of  his  report  from  the  collector  of  the  di.>>trict  from 
which  he  is  about  to  de[)art,  or  any  certificate  which  lie  ought  to  obtain, 
or  neglects  to  exhibit  the  same  to  the  collector  of  any  other  district  to 
which  the  vessel  afterward  proceeds,  within  the  time  for  that  i)urpose 
allowed,  lie  shall  l^e  liable  to  a  penalty,  for  every  such  neglect  or  omis- 
sion, of  five  hundred  dollars. 

Sec.  2785.  The  owner  or  consignee  of  any  merchandise  on  board  of 
any  such  vessel,  or,  in  case  of  his  absence  or  sickness,  his  known  agent 
or  factor  in  his  name,  shall,  within  fifteen  days  alter  the  report  of  the 
master  to  the  collector  of  the  district  for  wlii(;li  such  merchandise  shall 
be  destined,  make  entry  thereof  in  writing  with  the  collector,  and  shall 
in  such  entry  specify  tlie  name  of  the  vessel  and  of  her  master,  in  which, 
and  the  i)ort  or  place  from  which  such  merchandise  was  imported,  the 
particular  marks,  numbers,  denomination,  and  prime  cost,  iucluding 
charges  of  each  particular  i)ackage  or  ])arcel  whereof  the  entry  shall 
consist,  or,  if  in  bulk,  the  quantity,  quality,  and  prime  cost,  including 
charges  thereof,  particularly  specifying  the  species  of  money  in  which. 


342  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

the  invoices  thereof  are  made  out.  Such  entry  shall  be  subscribed  by 
the  person  making-  it,  if  the  owner  or  consig^nee,  in  his  own  name,  or,  if 
another  person,  in  his  name  as  agent  or  factor,  for  the  owner  or  con- 
signee. The  person  making  such  entry  shall  also  produce  to  the  col- 
lector and  naval  officer,  if  any,  the  original  invoices  of  the  merchandise, 
or  other  documents  received  in  lieu  thereof,  or  concerning  the  same,  in 
the  same  state  in  which  they  were  received,  with  the  bills  of  lading  for 
the  same  ;  which  invoices  shall  be  signed  by  the  persons  in  the  offices  of 
the  ct)llector  and  naval  officer  who  have  compared  and  examined  them. 

Sec.  2786,  The  entries  to  be  made  by  any  importer,  consignee,  or  agent, 
under  the  preceding  section,  shall  be  verified  by  the  oath  of  the  person 
making  the  same. 

Sec.  2787.  Whenever  any  entry  is  made  with  the  collector  of  any  dis- 
trict, of  merchandise  imported  into  the  United  States  subject  to  duty,  by 
any  agent,  factor,  or  i)erson,  other  than  the  i)erson  to  whom  it  belongs, 
or  to  whom  it  is  ultimately  consigned,  the  collector  shall  take  a  bond 
with  surety  from  such  agent,  factor,  or  person,  in  the  penal  sum  of  one 
thousand  dollars,  with  condition  that  the  actual  owner  or  consignee  of 
such  merchandise  shall  deliver  to  the  collector  a  fall  and  correct  account 
of  the  merchandise  imported  by  him,  or  for  him  on  his  own  account,  or 
consigned  to  his  care,  in  the  same  manner  and  form  as  required  in  respect 
to  an  entry  previous  to  thelanding  of  merchandise;  which  account  shall 
be  verified  by  a  like  oath,  as  in  the  case  of  an  entry,  to  be  taken  and 
subscribed  before  any  judge  of  the  United  States,  or  the  judge  of  any 
court  of  record  of  a  State,  or  before  any  collector  of  the  customs.  In 
case  of  the  payment  of  the  duties  at  the  time  of  entry,  by  any  factor  or 
agent,  on  the  merchandise  entered  by  him,  the  condition  of  tbe  bond 
shall  be  to  produce  the  account  of  the  proper  owner,  or  consignee, 
verified  in  manner  as  before  directed,  within  ninety  days  from  the  date 
of  such  bond. 

Sec.  2788.  Where  the  particulars  of  any  merchandise  are  unknown, 
in  lieu  of  the  entry  prescribed  by  section  twenty-seven  hundred  and 
eighty-five,  an  entry  thereof  shall  be  made  and  received  according  to 
the  circumstances  of  the  case  ;  the  party  making  the  same  declaring 
upon  oath  all  that  he  knows  or  believes  concerning  the  quality  and  i)ar- 
ticulars  of  the  nu^rchandise,  and  that  he  has  no  other  knowledge  or  in- 
formation concerning  the  same. 

Sec.  2789.  Whenever  an  entry  of  merchandise  is  imperfect,  for  want 
of  invoices,  bills  of  lading,  or  for  any  other  cause,  the  collector  shall 
take  the  merchandise  into  his  custody,  until  the  quantity,  quality,  or 
value  thereof,  as  the  case  may  require,  can  be  ascertained. 

Sec.  2790.  The  register,  or  other  document  in  lieu  thereof,  together 
with  the  clearance  and  other  papers  granted  by  the  officers  of  the  cus- 
toms to  a  vessel  at  her  dei)arture  from  the  port  iiom  whence  she  may 
have  arrived,  Mediterr.inean  passports  excepted,  shall  previous  to  entry 
be  produced  to  the  collector  with  whom  such  entry  is  to  be  made,  and 
shall  lemain  in  his  office  ;  and  on  the  clearance  of  such  vessel  the  regis- 
ter and  other  documents  shall  be  returned  to  the  nmster  or  owner  of 
such  vessel. 

Sec.  2791.  It  shall  nor  be  necessary  for  thenuisterof  any  vessel  of  war, 
or  of  any  vessel  employed  by  any  i>iin('e,  or  state,  as  a  ])ublic  packet  for 
the  conveyance  of  letters  and  dispatches,  and  not  i)ermitted  by  the  laws 
of  such  prince  or  state  to  be  employed  in  tlie  transportation  of  mer- 
chandise, in  the  way  of  trade,  to  make  report  and  entry. 

Sec.  2792.  Vessels  used  exclusively  as  ferry-boats  carrying  passengers, 
baggage,  and  merchandise,  shall  not  be  required  to  enter  and  clear,  nor 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  343 

shall  the  masters  of  such  vessels  be  required  to  present  manifests,  or  to 
pay  entrance  or  clearance  fees,  or  fees  for  receiving-  or  certifying  mani- 
fests, bnt  they  shall,  u[)on  arrival  in  the  United  States,  be  required  to 
report  such  baggage  and  merchandise  to  the  proper  ofticer  of  the  cus- 
toms according  to  law. 

Sec.  27*.);;.  Enrolled  or  licensed  vesselsengaged  in  the  foreign  and  coast- 
ing tradeon  tlie  northern,  northeastern  and  northwestern  frontiers  of  the 
United  States,  departing  from  or  arriving  at  a  port  in  one  district  to  or 
from  a  port  in  anotlicr  district,  and  also  touching  at  intermediate  for- 
eign ports,  shall  not  thereby  become  liable  to  the  i)ayment  of  entry  and 
clearance  fees,  or  tonnage  tax,  as  if  from  or  to  foreign  ports;  but  such 
vessels  shall,  notwithstanding,  be  required  to  enter  and  clear. 

Sec.  L'7t)4.  Every  importer  of  distilled  spirits  or  wines,  or  person  to 
whom  (listiHed  spirits  or  wines  are  consigned,  shall  make  a  separate  and 
additional  entry  thereof,  specifying  the  name  of  the  vessel,  and  her  nnis- 
ter,  ill  wliich,  and  the  place  from  which,  such  spirits  or  wines  were  im- 
ported, together  with  the  quantity  and  quality  thereof,  and  a  particular 
detail  of  the  casks  or  receptacles  containing  the  same,  with  their  marks 
and  numbers  ;  such  entry  shall  be  subscribed  by  the  person  making  the 
same,  for  himself,  or  in  behalf  of  the  person  to  whom  such  entry  is 
made,  and  shall  be  certified  by  the  collector,  before  whom  it  is  made,  as 
a  true  copy,  and  conformable  to  the  general  entry  before  directed,  iu 
respect  to  all  distilled  spirits  and  wines  therein  contained;  such  entry 
thus  certified  shall  be  transmitted  to  the  surveyor  or  officer  acting  as 
inspector  of  the  revenue  for  the  port  where  it  is  intended  to  commence 
the  delivery  of  such  sjurits  or  wines. 

Sec.  2705.  In  order  to  ascertain  what  articles  ought  to  be  exempt  from 
duty  as  the  sea-stores  of  a  vessel,  the  master  shall  particularly  specify 
the  articles,  in  the  report  or  manifest  to  be  by  him  made,  designating 
them  as  the  sea-stores  of  such  vessel ;  and  in  the  oath  to  be  taken  by 
such  master,  on  making  such  report,  he  shall  declare  that  the  articles 
so  specified  as  sea-stores  are  truly  such,  and  are  not  intended  by  way  of 
merchaudise  or  for  sale ;  whereupon  the  articles  shall  be  free  from  duty. 

Sec.  271)0.  Whenever  it  appears  to  the  collector  to  whom  a  report  and 
manifest  of  sea  stores  are  delivered,  together  with  the  naval  offi(!er, 
where  there  is  one,  or  alone,  where  there  is  no  naval  officer,  thar  the 
quantities  of  the  articles,  or  any  part  thereof,  reported  as  sea-stores,  are 
excessive,  the  collector,  jointly  with  the  naval  officer,  or  alone,  as  the 
case  may  be,  may  in  his  discretion  estimate  the  amount  of  the  duty  on 
such  excess;  which  shall  be  tbrtliwith  paid  by  the  master,  to  the  col- 
lector, on  ])ain  of  forfeiting  the  value  of  such  excess. 

Sec.  27!)7.  If  any  other  or  greater  quantity  of  articles  are  found  ou 
board  such  vessel  as  sea  stores  than  are  specified  in  an  entry  of  sea- 
stores,  or  if  any  of  the  articles  are  landed  without  a  permit  first  obtained 
from  the  collector,  and  naval  officer  if  any,  for  that  purpose,  all  such 
articles  as  are  not  included  in  the  rei»ort  or  manifest  by  the  unister,  and 
all  which  are  landed  without  a  ])ermit,  slndl  be  forfeited,  and  may  be 
seizetl ;  juid  the  master  shall  moreover  be  liable  to  a  penalty  of  treble 
the  value  of  the  articles  omitted  or  landed. 

Sec.  271)8.  The  master  of  any  vessel  proi)elled  by  steam,  arrixing  at 
any  port  in  the  United  ^itates,  may  retain  all  the  coal  such  vessel  mtiy 
have  on  board  at  the  time  of  her  arrival,  and  may  i)roceed  with  such 
coal  to  a  foreign  port,  without  being  reipiired  to  land  the  same  in  the 
United  States,  or  to  pay  any  duty  thereon. 

Sec.  27D9.  In  order  to  ascertain  what  articles  ought  to  be  exempted 
as  the  wearing  apparel,  aud  other  personal  baggage,  and  the  tools  or 


344       NAVIGA.TION  LAWS  OF  THE  UNITED  STATES. 

implements  of  a  mecbauical  trade  only,  of  persons  who  arrive  in  the 
United  States,  due  entry  thereof,  as  of  other  merchandise,  but  separate 
and  distinct  from  that  of  any  other  merchandise,  imported  from  a  for- 
eign port,  shall  be  made  with  the  collector  of  the  district  in  which  the 
articles  are  intended  to  be  landed  by  the  owner  thereof,  or  his  agent, 
expressing  the  persons  by  whom  or  for  whom  such  entry  is  made,  and 
particularizing  the  several  packages,  and  their  contents,  with  their 
marks  and  numbers;  and  the  person  who  shall  make  the  entry  shall 
take  and  subscribe  an  oath  before  the  collector,  declaring  that  the  entry 
subscribed  by  him  and  to  which  the  oath  is  annexed  contains,  to  the 
best  of  his  knowledge  and  belief,  a  just  and  true  account  of  the  contents 
of  the  several  packages  mentioned  in  the  entry,  specifying  the  name  of 
the  vessel,  of  her  master,  and  of  the  port  from  which  she  1ms  arrived; 
and  that  such  packages  contain  no  merchandise  whatever  other  than 
wearing  apparel,  personal  baggage,  or,  as  the  case  may  be,  tools  of  trade, 
specifying  it ;  that  they  are  all  tlie  property  of  a  person  named  who  has 
arrived,  or  is  shortly  expected  to  arrive  in  the  United  States,  and  are 
not  directly  or  indirectly  imported  for  any  other,  or  intended  for  sale. 

Sec.  2800.  Whenever  the  person  making  entry  of  any  articles  as  wear- 
ing apparel,  i)ersonal  baggage,  tools,  or  implements,  is  not  the  owner  of 
them,  he  shall  give  bond  with  one  or  more  sureties,  to  the  satisfaction 
of  the  collector,  in  a  sum  equal  to  the  duties  on  like  articles  imported 
subject  to  duty,  upon  the  condition  that  the  owner  of  the  articles  shall, 
within  one  year,  personally  make  an  oath  such  as  is  prescribed  in  the 
preceding  section. 

Sec.  2801.  On'Comi>liance  with  the  two  preceding  sections,  and  not 
otherwise,  a  permit  shall  be  granted  for  lauding  such  articles.  But 
whenever  the  collector  and  the  naval  officer,  if  any,  think  proper,  they 
may  direct  the  baggage  of  any  person  arriving  within  the  United  States 
to  be  examined  by  the  surveyor  of  the  port,  or  by  an  inspector  of  the 
customs,  who  shall  make  a  return  of  the  same;  and  if  any  articles  are 
contained  therein  which  in  their  opinion  ought  not  to  beexemi)ted  from 
duty,  due  entry  of  them  shall  be  made  and  the,  duties  thereon  paid. 

Sec.  2802.  Whenever  any  article  subject  to  duty  is  found  in  the  bag- 
gage of  any  person  arriving  within  the  United  States,  which  was  not, 
at  the  time  of  making  entry  for  such  baggage,  mentioned  to  the  col- 
lector before  whom  such  entry  was  made,  by  the  person  making  entry, 
such  arti<;le  shall  be  forfeited,  and  the  person  in  whose  baggage  it  is 
found  shall  be  liable  to  a  penalty  of  treble  the  value  of  such  article. 

Sec.  280.3.  Any  baggage  or  personal  effects  arriving  in  the  United 
States,  in  transit  to  any  foreign  country,  may  be  delivered  by  the  par- 
ties having  it  in  charge  to  the  collector  of  the  proper  district,  to  be  by 
liim  retained  without  the  payment  or  exaction  of  any  import  duty,  and 
to  be  delivered  to  such  parties  on  their  departure  for  their  foreign  des- 
tination, under  such  rules,  regulations,  and  fees  as  the  Secretary  of  the 
Treasury  may  prescribe. 

*  Sec.  280t.  No  cigars  shall  be  imported  unless  the  same  are  packed  in 
boxes  of  not  more  than  Ave  hundred  cigars  in  each  box ;  and  no  entry 
of  any  imported  cigars  shall  be  allowed  of  less  quantity  than  three  thou- 
sand in  a  single  package;, and  all  cigars  on  importation  shall  be  placed 
in  public  store  or  bonded  warehouse,  and  shall  not  be  removed  there- 
from until  the  same  shall  have  been  inspected  and  a  stamp  aflixed  to 
each  box  indicating  such  inspection,  with  the  date  thereof.  And  the 
Secretary  of  the  Treasury  is  hereby  authorized  to  provide  the  requisite 

*  See  sec.  2504,  Schedule  D,  ![  3  and  4. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  345 

stamps,  and  to  make  all  necessary  regulations  for  carrying  the  above 
provisions  of  law  into  effect. 

Sec.  2805.  All  oatlis  to  be  taken  upon  making  of  any  of  the  reports 
or  entries,  or  respecting  anj'  of  the  acts  mentioned  in  this  cliapter, 
whether  by  a  master  of  any  vessel,  or  the  owner  or  consignee  of  any 
merchandise,  his  factor  or  agent,  or  by  any  other  person,  shall  be  ad- 
ministered by  the  collector,  or  officer  to  or  with  whom  the  report  or 
entry  is  made,  and  shall  be  reduced  to  writing,  and  subscribed  by  the 
person  taking  and  by  the  person  administering  the  oath. 

Sec.  2806,  No  merchandise  shall  be  brought  into  the  United  States, 
from  any  foreign  port,  in  any  vessel  unless  the  master  has  on  board 
manifests  in  writing  of  the  cargo,  signed  by  such  master. 

Sec.  2807.  Every  manifest  required  by  the  preceding  section  shall 
contain : 

First.  The  name  of  the  ports  where  the  merchandise  in  such  mani- 
fest mentioned  were  taken  on  board,  and  the  ports  within  the  United 
States  for  which  the  same  are  destined ;  particularly  noting  the  mer- 
chandise destined  for  each  port  respectively. 

Second.  The  name,  description,  and  build  of  the  vessel;  the  true 
admeasurement  or  tonnage  thereof;  the  port  to  which  such  vessel  be- 
longs ;  the  name  of  each  owner,  according  to  the  reg'ister  of  the  same  j 
and  the  name  of  the  master  of  such  vessel. 

Third.  A  just  and  particular  account  of  all  the  merchandise,  so  laden 
on  board,  whether  in  packages  or  stowed  loose,  of  any  kind  or  nature 
whatever,  together  with  the  marks  and  nnmbers  as  marked  on  each 
package,  and  the  number  or  quantity  and  description  of  the  packages 
in  words  at  length,  whether  leaguer,  pipe,  butt,  puncheon,  hogshead, 
barrel,  keg,  case,  bale,  pack,  truss,  chest,  box,  band-box,  bundle,  parcel, 
cask,  or  package,  of  any  kind  or  sort,  describing  the  same  by  its  usual 
name  or  denomination. 

Fonrth.  The  names  of  tlie  persons  to  whom  such  packages  are  respect- 
ively consigned,  agreeably  to  the  bills  of  lading  signed  for  the  same, 
unless  when  the  goods  are  consigned  to  order,  when  it  shall  be  so  ex- 
pressed ill  the  manifest. 

Fifth.  The  names  of  the  several  passengers  on  board  the  vessel,  dis- 
tinguishing whether  cabin  or  steerage  passengers,  or  both,  with  their 
baggage,  specifying  the  number  and  description  of  packages  belonging 
to  each  respectiv«dy. 

Sixth.  An  account  of  the  sea-stores  remaining,  if  any. 

Sec.  2808.  If  merchandise  shall  be  imported,  destined  to  be  delivered 
in  different  districts  or  ports,  the  quantities  and  packages  so  destined 
to  be  delivered  shall  be  inserted  in  successive  order  in  the  manifest; 
and  all  spirits  and  wines  constituting  the  whole  or  any  i)art  of  the  cargo 
of  any  vessel  shall  also  be  inserted  in  successive  order,  distinguishing 
the  ports  to  which  the  same  may  be  destined,  and  the  kinds,  qualities, 
and  (inantities  thereof. 

Sec.  2800.  If  any  merchandise  is  brought  into  the  United  States  in 
any  vessel  whatever  from  any  foreign  port  without  having  such  a  mani- 
fest on  board,  or  which  shall  not  be  included  or  described  in  the  mani- 
fest, or  shall  not  agree  therewith,  the  master  shall  be  liable  to  a  penalty 
equal  to  the  value  of  such  merchandise  not  included  in  such  manifest; 
and  all  such  merchandise  not  included  in  the  manifest  belonging  or 
consigned  to  the  master,  mate,  officers,  or  crew  of  such  vessel,  shall  be 
forfeited. 

Sec.  2810.  Whenever  it  is  made  to  appear  to  the  satisfaction  of  the 
collector,  naval  officer,  and  surveyor,  or  to  the  major  part  of  them,  where 


346  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

those  officers  are  establisbed  at  any  port,  or  to  the  satisfaction  of  the 
collector  aloue,  where  either  of  the  other  of  the  officers  are  [isj  not  estab- 
lished, or  to  the  satisfaction  of  the  court  in  which  a  trial  shall  be  had 
coucernino-  such  forfeiture,  that  no  part  of  the  cargo  of  any  vessel  with- 
out proper  manifests  was  unshi;)ped,  after  it  was  taken  on  board,  except 
such  as  shall  have  been  particuhuiy  si)ecified  and  accounted  for  in  the 
report  of  the  master,  and  that  the  manifests  have  been  lost  or  mislaid, 
without  fraud  or  collusion,  or  were  defaced  by  accident,  or  became  in- 
correct by  mistake,  no  forfeiture  or  peiudty  shall  be  incurred  under  the 
lireceding  section. 

Sec.  2811.  Every  master  of  any  vessel  laden  with  merchandise,  and 
bound  to  any  port  in  the  United  States,  shall,  on  his  arrival  within  four 
leagues  of  the  coast  thereof,  or  within  any  ot  the  bays,  harbors,  i)orts, 
rivers,  creeks,  or  iulets  thereof,  upon  demand,  produce  the  manifests  in 
writing,  which  such  master  is  required  to  have  on  board  his  vessel,  to 
such  officer  of  the  customs  as  first  comes  on  board  his  vessel,  for  inspec- 
tion, and  shall  deliver  to  such  officer  true  copies  thereof,  which  copies 
shall  be  provided  and  subscribed  by  the  master,  and  the  officer  to  whom 
the  original  manifests  have  been  produced  shall  certify  upon  the  back 
thereof  that  the  same  were  produced,  and  the  day  and  year  on  which 
the  same  were  so  produced,  and  that  such  copies  were  to  him  delivered 
and  by  hi  in  examined  with  the  original  manifest;  and  shall  likewise 
certify  upon  the  back  of  such  co[»ies  the  day  and  year  on  which  the  same 
were  delivered,  and  shall  forthwith  transmit  such  copies  to  the  respective 
collectors  of  the  several  districts,  to  which  the  goods  by  such  manifests 
appear  respectively  to  be  consigned. 

Sec.  2812.  The  master  of  any  such  vessel  shall  in  like  manner  pro- 
duce to  the  officer  of  the  customs  who  first  comes  on  board  such  vessel, 
upon  her  arrival  within  the  limits  of  any  collection-district  in  which 
the  cargo,  or  any  part  thereof,  is  intended  to  be  discharged  or  landed, 
for  his  inspection,  such  manifest :  and  shall  also  deliver  to  him  true 
copies  thereof,  such  copies  also  to  be  provided  and  subscribed  by  the 
master,  the  production  of  which  manifests  and  the  delivery  of  which 
copies  shall  also  be  certified  by  the  officer  of  the  customs,  upon  the 
back  of  the  original  manifests,  with  the  particular  day  and  year  when 
such  manifests  were  produced  to  such  officer,  and  when  he  so  received 
the  copies  thereof ;  and  such  officer  is  required  forthwith  to  transmit 
the  copies  of  the  manifest  to  the  collector  of  the  district ;  and  the  mas- 
ter shall  afterward  deliver  the  original  manifests  so  certified  to  the  col- 
lector. When  any  manifest  shall  be  i>roduced,  upon  which  there  shall 
be  no  certificate  from  any  officer  of  the  customs  as  before  mentioned, 
the  master  producing  the  same  shall  be  required  to  make  oath  that  no 
officer  has  applied  for,  and  that  no  indorsement  has  taken  place  on,  any 
manifest  of  the  cargo  of  such  vessel. 

Sec.  2813.  The  master  of  any  such  vessel  siiall  not  be  required  to 
make  delivery  of  more  than  one  copy  of  each  manifest  to  the  officer  who 
shall  first  come  on  board  of  such  vessel,  within  four  leagues  of  the  coast 
of  the  United  States,  and  one  other  coi)y  to  such  officer  as  shall  first 
come  on  board  within  the  limits  of  any  collection-district,  for  which  the 
cargo  of  such  vessel,  or  some  part  thereof,  is  destined,  nor  to  make  de- 
livery of  any  such  copy  to  any  other  officer;  but  it  shall  be  sufficient, 
in  respect  to  any  such  other  olficer,  to  exhibit  to  him  the  original  mani- 
fests and  the  certificates  thereupon. 

Sec.  281 4.  If  the  master  of  any  vessel  laden  with  merchandise,  and 
bound  to  any  i)()rt  in  the  United  States,  fails  upon  his  arrival  within 
four  leagues  of  the  coast  thereof,  or  within  the  limits  of  any  collection- 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       347 

district,  where  the  cargo  of  such  vessel,  or  any  part  thereof,  is  intended 
to  be  discharged,  to  produce  such  manifests  as  are  heretofore  required, 
in  writing-,  to  the  proper  officer  ui>on  demand  therefor,  or  to  deliver  such 
copies  tliereof,  according  to  the  directions  of  the  i)receding  sections,  or 
if  he  fails  to  give  an  account  of  the  true  destination  of  the  vessel,  which 
he  is  herebj'  required  to  do,  upon  request  of  such  officer,  or  gives  a  false 
account  of  such  destination,  in  order  to  evade  the  production  of  the 
manifests,  the  master  shall  for  every  such  neglect,  refusal,  or  ottense, 
be  liable  to  a  penalty  of  not  more  than  five  hundred  dollars.  If  any 
officer  first  coming  oil  board,  in  each  case,  sliall  neglect  or  refuse  to  cer- 
tify on  the  back  of  such  manifests  the  i)rodaction  thereof,  and  the  de- 
livery of  such  copies  respectively  as  are  directed  to  be  delivered  to  such 
officer,  such  officer  shall  be  liable  to  a  penalty  of  five  hundred  dollars. 

Sec.  2815.  The  officers  who  may  apply  to  the  master  of  any  such  ves- 
sel, respecting  anvof  the  provisions  in  the  preceding  sections,  and  who 
shall  not  receive  full  satistaction  tlierein,  are  hereby  required  to  make 
a  return  in  writing  of  the  name  of  th^  vessel  and  master  so  offending, 
in  any  or  all  of  the  particulars  required,  as  soon  as  possible,  to  the  col- 
lector of  the  district  to  which  such  vessel  shall  be  considered  to  be 
bound. 

Sec.  281C.  When  any  merchandise  is  intended  to  be  imported  from 
any  foreign  country  into  the  port  of  Albany,  upon  the  Hudson  Eiver,  in 
NeV  York,  such  merchandise  may  be  entered  at  any  port  of  entry  and 
thereafter  transported  to  Albany,  ui)on  compliance  with  sections  twen- 
ty-eight hundred  and  twenty-five  to  twenty-eight  hundred  and  thirty- 
one,  inclusive. 

Sec.  2817.  When  any  merchandise  is  intended  to  be  imported  from 
auv  foreign  country  into  the  port  of  Augusta,  upon  the  Savannah  Kiver, 
in  Georgia,  such  merchandise  may  be  entered  at  the  port  of  Savannah 
and  thereafter  transported,  either  by  the  river  or  by  railroad,  to  Augusta, 
upon  compliance  with  sections  twenty-eight  hundred  and  twenty-five  to 
twentv-eight  hundred  and  thirty-one,  inclusive. 

Sec.  2818.  When  any  merchandise  is  intended  to  be  imported  from 
anv  foreign  countrv  into'  the  port  of  Pilatka,  upon  the  Saint  John's  River, 
in  Florida,  such  merchandise  may  be  entered  at  Saint  John's,  and  tliere- 
after  transjjorted  to  Pilatka  upon  compliance  with  sections  twenty- 
eight  hundred  and  twenty-five  to  twenty-eight  hundred  and  thirty-one, 
inclusive. 

Sec.  2819.  When  any  merchandise  is  intended  to  be  imported  trom 
any  foreign  country  tothe  port  of  Bayport,  in  Florida,  such  merchan- 
dise may  be  entered  at  Saint  Marie's  [Cedar  Keys],  and  thereafter  trans- 
ported to  Bayport,  upon  compliance  with  sections  twenty-eiglit  hundred 
and  twentv-five  to  twenty-eight  liundred  and  thirty-one,  inclusive. 

Sec.  2820.  When  any'merchandise  is  intended  to  be  imported  from 
anv  foreign  country  into  the  port  of  Selina,  uj.on  the  Alabama  Kiver, 
in  Alabama,  such  inercliandise  may  be  entered  [at]  Mobile,  and  there- 
after transported  to  Selma,  ui)on  compliance  with  sections  twenty- 
eight  hundred  and  twenty-five  to  twenty-eight  hundred  and  thirty-one, 
inclusive. 

Sec.  2821.  When  any  merchandise  is  intended  to  be  imported  from 
anv  foreign  countrv  into  the  port  of  Houston,*  tq^on  Trlnitij .River 
[Buffalo  Bavou],  in  Texas,  such  meichandise  may  be  entered  at  the  port 
of  Galveston  and  thereafter  trans])oited  to  Houston,  upon  compliance 
with  sections  twenty-eight  hundred  and  twenty-five  to  twenty-eiuht  hun- 
dred and  thirty-one,  inclusive. 

'  Houston  is  situate  ou  Buffalo  Baj-ou. 


348  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Sec.  2822.  When  any  merchandise  is  intended  to  be  imported  from 
any  foreign  country  into  either  of  the  following  ports  of  delivery,  being 
ports  upon  the  Mississippi  River  and  its  tributaries,  namely,  Pittsburgh, 
in  Pennsylvania;  Wheeling,  in  West  Virginia;  Cincinnati,  in  Ohio; 
Louisville,  in  Kentucky;  Saint  Louis,  in  Missouri;  [and]  j^ashville,  iu 
Tennessee;  and  Natchez,  in  Mississippi,*  such  merchandise  may  be  en- 
tered at  the  port  of  Kew  Orleans,  or  at  either  of  such  ports  of  entry 
on  the  sea-board  as  may  be  designated  by  the  Secretary  of  the  Treasury, 
and  thereafter  transported  to  the  port  of  delivery  for  which  the  same  is 
intended,  by  such  inland  routes  as  the  Secretary  of  the  Treasury  may 
designate,  under  such  rules  and  regulations  not  inconsistent  with  law 
as  he  may  prescribe,  in  compliance  with  sections  twenty-eight  hundred 
and  twenty-five  to  twenty-eight  hundred  and  thirty-one,  inclusive,  and 
subject  to  the  forfeitures  and  ])enalties  therein  mentioned. 

Sec.  2823.  When  any  merchandise  is  intended  to  be  imported  from 
any  foreign  country  into  either  of  the  following  ports  of  delivery, 
namely:  Parkersburgh,  in  West  Virginia;  Paducah,  in  Kentucky; 
Saint  Joseph  and  Kansas  City,  in  Missouri;  Memphis,  in  Tennessee, 
Alton,  Galena,  Quincy,  and  Cairo,  in  Illinois;  Evansville,  New  Albany, 
Madison,  and  Jefl'ersonville,  in  Indiana  ;  Keokuk,  Dubuque,  and  Bur- 
lington, in  Iowa;  Leavenworth,  in  Kansas,  and  Omaha,  in  Nebraska, 
such  merchandise  may  be  entered  at  the  port  of  New  Orleans,  and 
thereafter  transported  to  the  ])ort  of  delivery  for  which  the  same  is 
intended,  in  compliance  with  sections  twenty-eight  hundred  and  twenty- 
five  to  twenty-eight  hundred  and  thirty-one,  inclusive,  and  subject  to 
the  forfeitures  and  penalties  therein  mentioned. 

Sec.  2824.  When  any  merchandise  is  intended  to  be  imported  from 
any  foreign  country  into  the  i)ort  of  Vallejo,  in  California,  such  mer- 
chandise may  be  entered  at  the  port  of  San  Francisco  and  thereafter 
transi)orted  to  Vallejo,  upon  couipliance  with  sections  twenty-eight 
hundred  and  twenty-tive  to  twenty  eight  hundred  and  thirty-one,  inclu- 
sive: ('xcei)t  that  the  powers  and  duties  assigned  by  those  sections  to 
the  surveyors  of  the  ports  of  delivery,  shall,  at  Vallejo,  be  exercised 
and  performed  by  the  deputy  collector. 

Sec.  2825.  The  imi>orter  of  any  merchandise  destined  for  any  of  the 
ports  mentioned  in  the  nine  preceding  sections  shall  deposit  in  the  cus- 
tody of  the  surveyor  of  such  port  of  delivery  a  schedule  of  the  goods 
so  intended  to  be  imported,  with  an  estimate  of  their  cost  at  the  place 
of  exportation,  whereupon  the  surveyor  shall  make  an  estimate  of  the 
amount  of  duties  accruing  on  the  same,  and  the  importer  or  consignee 
shall  give  bond,  with  sufficient  sureties,  to  be  approved  by  the  sur- 
veyor, in  double  the  amount  of  the  duties  so  estimated,  conditioned  for 
the  payment  of  the  duties  on  such  merchandise,  ascertained  as  herein- 
after directed;  and  the  surveyor  shall  forthwith  notify  the  collector  at 
the  port  of  entry  for  the  collection-district  to  which  such  port  of  de- 
livery is  attached,  of  the  same,  by  forwarding  to  him  a  copy  of  bond 
and  schedule. 

Sec.  282<).  The  im]iorter,  or  his  agent,  may  enter  merchandise  at  the 
port  of  entry  for  the  collection-district  into  which  it  is  to  be  imported 
in  the  usual  manner;  and  the  collector  shall  grant  a  permit  for  the 
landing  thereof,  and  cause  the  duties  to  be  ascertained  as  in  other  cases, 
the  goods  remaining  iu  the  custody  of  the  collector  until  reshipped  for 
the  place  of  destination.  The  collector  shall  certify  to  the  surveyor  at 
such  place  the  amount  of  such  duties,  which  the  surveyor  shall  enter 

*  See  sees.  2566,  2567,  and  2H32. 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       349 

on  the  margin  of  tbe  bond  given  to  secnre  tbe  same;  and  the  merchan- 
dise shall  be  delivered  by  the  collector  to  the  agent  of  the  importer  or 
consignee,  dnly  authorized  to  receive  the  same,  for  shipment  to  the 
place  of  destination. 

Sec.  2827.  The  master  or  conductor  of  every  vessel  or  vehicle  in  which 
such  merchandise  shall  be  transported,  shall,  previously  to  departure 
from  the  port  of  entry,  deliver  to  the  collector  du|)licate  manifests  of 
such  merchandise,  specifying  the  marks  and  numbers  of  every  case, 
bag,  box,  chest,  or  ))ackage,  containing  the  same,  with  the  name  and 
place  of  residence  of  every  importer  or  consignee  of  such  merchandise, 
and  the  quantity  shipped  to  each,  to  be  by  him  subscribed,  and  to  the 
truth  of  which  he  shall  swear,  and  that  tlie  merchandise  has  been  re- 
ceived on  board  his  vessel  or  vehicle,  stating  the  name  of  the  agent 
who  shipped  the  same;  and  the  collector  shall  certify  the  facts,  on  the 
manifests,  one  of  which  he  shall  return  to  the  master,  with  a  permit 
thereto  annexed,  authorizing  him  to  proceed  to  the  place  of  his  desti- 
nation. 

Sec.  2828.  If  any  vessel  or  vehicle  having  such  merchandise  on  board 
shall  depart  from  the  port  of  entry  without  having  comj^lied  with  the 
provisions  of  the  preceding  section,  the  master  or  conductor  thereof 
shall  be  liable  to  a  penalty  of  five  hundred  dollars. 

Sec.  2829.  The  master  or  conductor  of  any  such  vessel  or  vehicle 
arriving  at  either  of  the  jwrts  named  in  sections  twenty-eight  hundred 
and  sixteen  to  twenty-eight  hundred  and  twenty-four,  inclusive,  on 
board  of  which  merchandise  shall  have  been  shipped  at  such  port  of 
entry,  shall,  within  eighteen  hours  next  after  the  arrival,  aud  previously 
to  unloading  any  part  of  such  merchandise,  deliver  to  the  surveyor  of 
such  port  the  manifest  of  the  same,  certified  by  the  collector,  at  the 
port  of  entry,  aud  shall  make  oath  before  the  surveyor  that  there  was 
not,  when  he  departed  from  the  port  of  entry,  any  more  or  other  mer- 
chandise on  board  such  boat,  vessel,  or  vehicle  so  imported  thau  is 
therein  mentioned.  If  the  master  of  such  vessel  or  vehicle  shall  neg- 
lect or  refuse  to  deliver  the  manifests  within  the  time  herein  directed, 
he  shall  be  liable  to  a  penalty  of  one  hundred  dollars. 

Sec.  2830.  The  surveyor  at  the  port  of  delivery  shall  cause  the  casks, 
bags,  boxes,  chests,  or  i>ackages,  to  bo  inspected,  and  compared  with 
the  manifests,  and  the  same  being  identified  he  shall  grant  a  permit 
for  unloading  the  same,  or  such  jtart  thereof  as  the  master  or  conductor 
shall  request ;  and  when  a  part  only  of  such  merchandise  is  intended 
to  be  landed  the  surveyor  shall  make  an  indorsement  on  the  back  of 
the  manifests,  designating  such  part,  specifying  the  articles  to  be 
landed,  and  shall  return  the  manifests  to  the  master  or  conductor, 
indorsing  thereon  his  permission  to  such  vesstd  or  vehicle  to  i)roceed  to 
the  place  of  its  destination. 

Sec.  2831.  The  collector  at  such  port  of  entry  shall  permit  no  entry 
to  be  made  of  merchandise,  where  the  duty  on  the  same  shall  exceed 
the  amount  of  the  bond  dei>osited  with  the  surveyor,  nor  shall  the  sur- 
veyor reci^ive  the  boiul  of  any  jjcrson  for  a  sum  less  than  fifty  dollars. 
When  the  bond  has  been  completed,  and  the  actual  amount  of  duty 
ascertained  and  certified  on  the  margin,  the  surveyor  of  the  port  where 
the  bond  is  taken  shall  collect  said  duties  and  pay  tbe  same  into  the 
Treasury  of  the  United  States. 

Sec.  2832.  All  vessels  i)roceeding  to  the  ports  of  Xatchez  or  Vicks- 
burgh  from  any  foreign  port  shall  stop  and  report  their  arrival  at  the 
port  of  New  Orleans ;  and  before  any  such  vessel  shall  proceed  on  her 
vovage  to  Natchez  or  Yicksburgh  the  collector  for  the  district  of  New 


350  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Orleans  shall  ordfr  on  board  any  such  vessel  a  custom-house  officer, 
who  shall  remain  on  board  such  vessel  until  her  arrival  at  Natchez  or 
Vicksburgh.  Such  custom-house  officer  shall  take  possession  of  and 
safely  keep  all  the  papers  belon,<>in^  to  such  vessel  having  relation  to 
the  freight  or  cargo  on  board,  which  papers  he  shall  deliver  to  the  col- 
lector at  Natchez  or  Vicksbnrgh  immediately  after  his  arrival  at  that 
port;  and  any  such  vessel,  which  shall  depart  from  New  Orleans  without 
such  custom-house  officer  on  board,  shall  be  subject  to  all  the  pains  and 
penalties  provided  for  by  law  for  a  violation  of  the  rev^enue  laws. 

Sec.  2883.  The  expenses  of  the  custom-house  officer  who  may  be  put 
on  board  any  such  vessel  bound  for  Natchez  or  Vicksbnrgh  at  New  Or- 
leans, from  the  time  of  his  being  put  on  board  until  his  return  to  New 
Orleans,  shall  be  paid  by  the  owner  of  such  vessel. 

Seo.  2834.  The  master  of  any  vessel  bound  to  any  district  in  Con- 
necticut, through  or  by  the  way  of  Sandy  Hook,  shall,  before  he  passes 
the  port  of  New  York,  and  immediately  after  his  arrival,  deposit  with 
the  collector  for  the  district  of  New  York  a  true  manifest  of  the  cargo  on 
board  such  vessel.  The  master  of  any  vessel  bound  to  the  district  of 
Burlington,  shall,  before  he  passes  the  port  of  Philadelphia,  and  imme- 
diately after  his  arrival,  deposit  with  the  collector  thereof  a  like  mani- 
fest ;  and  the  collector  shall,  after  registering  the  manifest,  transmit  the 
same,  duly  certified  to  have  been  so  deposited,  to  the  officer  with  whom 
the  entries  are  to  be  made ;  and  the  collectors  and  surveyors,  respect- 
ively, may,  whenever  they  judge  it  to  be  necessary  for  the  security  of 
the  revenue,  put  an  inspector  of  the  customs  on  board  any  vessel,  to 
accompany  the  same  until  her  arrival  at  the  first  port  of  entry  or  deliv- 
ery, in  the  district  to  which  such  vessel  may  be  destined.  If  the  master 
of  any  vessel  shall  neglect  or  omit  to  deposit  a  manifest  as  herein  pre- 
scribed, or  shall  refuse  to  receive  an  inspector  of  the  customs  on  board, 
as  the  case  requires,  he  shall  forfeit  and  pay  five  hundred  dollars, 
to  be  recovered  with  cost  of  suit,  one-half  for  the  use  of  the  officer  with 
whom  such  manifest  ought  to  have  been  deposited,  and  the  other  half 
to  the  use  of  the  collector  of  the  district  to  which  such  vessel  may  be 
bound.  If,  however,  the  manifest  shall,  in  either  of  the  above  cases, 
have  heen  previously  delivered  to  any  officer  of  the  customs,  pursuant 
to  the  provisions  hereinafter  made  in  that  behalf,  the  depositing  of  a 
manifest  shall  not  be  necessary. 

Sec.  2835.  Vessels  bound  up  James  Eiver,  in  the  State  of  Virginia, 
shall  not  be  required  to  stop  in  Hampton  Koads  to  deposit  a  manifest 
with  the  collector  at  Norfolk.  But  the  niMster  of  the  revenue-cutter 
stationed  at  Norfolk  shall,  under  the  orders  of  the  Secretary  of  the 
Treasury,  board  all  such  vessels,  and  indorse  their  manifests,  and  place 
an  officer  on  board  of  each  vessel  bound  up  James  Kiver,  having  a  cargo 
from  a  foreign  port.  If,  however,  there  is  no  revenue-cutter  on  that 
station  for  the  purpose  of  boarding  vessels,  or  when  the  state  of  the 
weather  may  be  such  as  to  render  it  impracticable  to  send  an  officer  on 
board  any  vessel  bound  up  James  River,  having  a  cargo  from  a  foreign 
port,  the  captain  shall  deposit,  with  the  surveyor  at  Hampton,  a  copy 
of  the  manifest  of  the  cargo  on  board  such  vessel. 

Sec.  2830.  The  master  of  any  vessel  arriving  within  the  districts  of 
Petersburgh  or  Kichmond,  laden  with  merchandise,  belonging  or  con- 
signed to  persons  resident  within  both  the  districts,  shall  make  entry 
of  such  vessel,  in  manner  already  j^rescribed  by  law,  with  the  collector 
of  that  district  wherein  the  owner  or  consignee,  or  the  husband  or  acting 
manager  of  such  vessel,  shall  actually  reside;  and  the  master  shall,  at 
the  time  of  making  the  entry,  deliver  a  duplicate  manifest  of  the  cargo 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       351 

to  the  collector,  whose  duty  it  shall  then  be  to  certify  the  same  as  a  true 
copy,  and  to  transmit  it  to'  the  collector  of  the  other  district,  and  the 
delivery  of  such  merchandise  shall  be  authorized  by  permits  from  the 
collector  of  each  district,  respectively,  in  which  the  same  has  been  duly 
entered  according  to  law.  No  importer,  owner,  or  consignee  of  merchan- 
dise, residing  in  either  district,  shall,  however,  be  admitted  to  make  an 
entry  of  such  merchandise  with  the  collector  of  the  district  in  which 
such  importer,  owner,  or  consignee  does  not  reside.  All  entries,  more- 
over, for  merchandise,  made  by  agents,  for  persons  residing  in  other 
districts,  shall  be  made  with  the  collector  of  the  district  in  which  such 
vessel  may  discharge. 

*  Sec.  2837.  All  invoices  shall  be  made  out  in  the  weights  or  measures 
of  the  country  or  place  from  which  the  importation  is  made,  and  shall 
contain  a  true  statement  of  the  actual  weights  or  measures  of  such  mer- 
chandise, without  any  respect  to  the  weights  or  measures  of  the  United 
States. 

Sec.  2838.  All  invoices  of  merchandise  subject  to  a  duty  ad  valorem 
shall  be  made  out  in  the  currency  of  the  place  or  country  from  whence 
the  importation  shall  be  made,  and  shall  contain  a  true  statement  of  the 
actual  cost  of  such  merchandise,  in  such  foreign  currency  or  currencies, 
without  any  respect  to  the  value  of  the  coins  of  the  United  States, 
or  of  foreign  coins,  by  law  made  current  within  the  United  States,  in 
such  foreign  place  or  country. 

Sec.  2839.  If  any  merchandise,  of  which  entry  has  been  made  in  the 
office  of  a  collector,  is  not  invoiced  according  to  the  actual  cost  thereot 
at  the  place  of  exportation,  with  a  design  to  evade  payment  of  duty,  all 
such  merchandise,  or  the  value  thereof,  to  be  recovered  of  the  person 
making  entry,  shall  be  forfeited. 

Sec.  2840."  In  every  case  in  which  a  collector  shall  suspect  that  any 
merchandise  is  not  invoiced  at  a  sum  equal  to  that  for  which  it  has 
usually  been  sold  in  the  place  or  country  from  whence  it  was  imported, 
he  shall  take  the  merchandise  into  his  possession,  and  retain  the  same 
with  reasonable  care,  at  the  risk  and  expense  of  the  owner  or  consignee, 
until  its  value  at  the  time  and  place  of  importation  has  been  ascertained, 
as  in  the  case  of  damaged  merchandise,  or  of  merchandise  not  accom- 
panied with  an  invoice,  and  until  the  duties  arising,  according  to  such 
valuation,  have  been  iniid,  or  secured  to  be  paid.  But  in  case  of  a 
prosecution  for  forfeiture,  such  appraisement  shall  not  exclude  other 
proof,  upon  the  trial,  of  the  actual  cost  of  the  merchaudise  at  the  place 
of  exportation. 

Sec.  2841.  Whenever  merchandise  imported  into  the  United  States  is 
entered  bv  invoice,  one  of  the  following  oaths,  according  to  the  nature 
of  the  case,  shall  be  administered  by  the  collector  of  the  port,  at  the 
time  of  entry,  to  the  owner,  importer,  consignee,  or  agent. 

[See  act  ^"larch  4,  1883,  amending  oaths,  &c.] 

Oath  of  consignee,  importer,  or  agent. 

T,  ,  do  solemnly  and  truly  swear  (or  afiBrm)  that  the  invoice  and 

bill  of  lading  now  presented  by  me  to  the  collector  of  ,  are  the 

true  and  only  invoice  and  bill  of  lading  by  me  received,  of  all  the  goods, 
wares,  and  n'^ierchandise  imported  in  the  ,  whereof  is  master, 

from  '  ,  for  account  of  any  person  whomsoever,  for  whom  I  am  au- 
thorized to  enter  the  same;  that  the  said  invoice  and  bill  of  lading  are 


See  sees.  5443  and  5445. 


352  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

iu  the  state  in  which  they  were  actually  received  by  me,  aud  that  I  do 
not  know  nor  believe  iu  the  existence  of  any  other  invoice  orbill  of  lading 
of  the  said  goods,  wares,  aud  merchandise ;  that  the  entry  now  delivered 
to  the  collector  contains  a  just  and  true  account  ot  the  said  goods, 
wares,  and  merchandise,  according  to  the  said  invoice  aud  bill  of  lad- 
ing ;  that  nothing  has  beeu,  on  my  part,  nor  to  my  knowledge  on  the 
part  of  auy  other  person,  concealed  or  suppressed,  whereby  the  United 
States  may  be  defrauded  of  auy  part  of  the  duty  lawfully  due  on  the 
said  goods,  wares,  and  merchandise,  and  that  if,  at  auy  time  hereafter, 
I  discover  any  error  in  the  said  invoice,  or  in  the  account  now  rendered 
of  the  said  goods,  wares,  and  merchandise,  or  receive  any  other  invoice 
of  the  same,  I  will  immediately  make  the  same  known  to  the  collector 
of  this  district.  Aud  I  do  further  solemnly  and  truly  swear  (or  affirm) 
that,  to  the  best  of  my  knowledge  aud  belief,  (insert  the  name  and  resi- 
dence of  the  owner  or  owners,)  is  (or  are)  [the  owner  (or  owners)]  of  the 
goods,  wares,  and  merchandise  mentioned  in  the  annexed  entry;  that 
the  invoice  now  produced  by  me  exhibits  the  actual  cost,  (if  purchased,) 
or  fair  market-value,  (if  otherwise  obtained,)  at  the  time  or  times,  and 
place  or  places,  when  or  where  procured,  (as  the  case  may  be,)  of  the 
said  goods,  wares,  and  merchandise,  all  the  charges  thereon,  aud  no 
other  or  different  discount,  bounty,  or  drawback,  but  such  as  has  beeu 
actually  allowed  on  the  same. 

Oath  of  owner  in  cases  where  merchandise  has  been  actually  purchased 

I,  ,  do  solemnly  and  truly  swear  (or  affirm)  that  the  entry  now 

delivered  by  me  to  the  collector  of  ,  contains  a  just  and  true  ac- 

count of  all  the  goods,  wares,  aud  merchandise  imported  by  or  cou- 
sigued  to  me,  in  the  ,  wliereof  is  master,  from  ;  that 

the  invoice  which  1  now  produce  contains  a  just  and  faithful  account  of 
the  actual  cost  of  the  said  goods,  wares,  aud  merchandise,  of  all  charges 
thereon,  including  charges  of  purchasing,  carriages,  bleaching,  dyeing, 
dressing,  finishing,  putting  up,  and  packing,  and  no  other  discount, 
drawback,  or  bounty,  but  such  as  has  been  actually  allowed  on  the 
same ;  that  I  do  not  know  nor  believe  iu  the  existence  of  any  invoice  or 
bill  of  lading  other  than  those  now  produced  by  me,  and  that  they  are 
in  the  state  in  which  I  actually  received  them.  And  I  do  further  sol- 
emuly  and  truly  swear  (or  affirm)  that  I  have  not,  iu  the  said  entry  or 
invoice,  concealed  or  suppressed  anything  whereby  the  United  States 
may  be  defrauded  of  any  part  of  the  duty  lawfully  due  on  the  said 
goods,  wares,  aud  merchandise;  and  that  if,  at  any  time  hereafter,  I 
discover  auy  error  in  the  said  invoice,  or  in  the  account  now  produced 
of  the  said  goods,  wares,  and  merchandise,  or  receive  any  other  invoice 
of  the  same,  I  will  immediately  make  the  same  known  to  the  collector 
of  this  district. 

Oath  of  manufacturer  or  owner  iu  cases  where  merchandise  has  not  been 
actually  purchased. 

I,  ,  do  solemnly  and  truly  swear  (or  affirm)  that  the  entry  now 

delivered  by  me  to  the  collector  of  ,  contains  a  just  aud  true  account 

of  all  the  goods,  wares,  aud  merchandise  imported  by  or  consigned  to 
me,  in  the  ,  whereof  is  master,  from  ;  that  the  said 

goods,  wares,  and  merchandise  were  not  actually  bought  by  me,  or  by 
my  agent,  iu  the  ordinary  mode  of  bargain  and  sale,  but  that,  nevertheless, 
the  invoice  which  I  now  produce  contains  a  just  and  faithful  valuation 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       353 

of  the  same,  at  their  fair  market- value,  including-  charges  of  purchasing, 
carriages,  bleaching,  dyeing,  dressing,  finishing,  putting  up,  and  pacldng, 
at  the  time  or  times,  and  pUice  or  places,  when  and  where  procured  for 
my  account,  (or  for  account  of  myself  and  partners ;)  that  the  said  invoice 
contains  also  a  just  and  faithful  account  of  all  charges  actually  paid, 
and  no  other  discount,  drawback,  or  bounty  but  such  as  has  been  act- 
ually allowed  on  the  said  goods,  wares,  and  merchandise ;  that  I  do 
not  know  nor  believe  in  the  existence  of  any  invoice  or  bill  of  lading, 
other  than  those  now  produced  by  me,  and  that  they  are  in  the  state  in 
which  I  actually  received  them.  And  I  do  further  solemnly  and  truly 
swear  (or  affirni)  that  I  have  not,  in  the  said  entry  or  invoice,  concealed 
or  suppressed  anything  whereby  the  United  States  may  be  defrauded  of 
anv  part  of  the  diity  lawfully  due  on  the  said  goods,  wares,  and  merchan- 
dise, and  that  if,  at  any  time  hereafter,  I  discover  any  error  in  the  said 
invoice,  or  in  the  account  now  produced,  of  the  said  goods,  wares,  and 
merchandise,  or  received  any  otherinvoiceof  thesame,  I  will  immediately 
make  the  same  known  to  the  collector  of  this  district. 

Sec.  2842.  No  merchandise  subject  to  ad -valorem  duty  imported  into 
the  United  States,  and  belonging  to  a  ])erson  residing  in  the  United 
States,  but  at  the  time  absent  from  the  place  where  the  merchandise  is 
intended  to  be  entered,  shall  be  admitted  to  nn  entry,  unless  the  im- 
porter, consignee,  or  agent,  shall  previously  give  bond,  the  form  of 
which  shall  be  prescribed  by  the  Secretary  of  the  Treasury,  with  sutii- 
cient  sureties,  to  produce,  within  four  months,  to  the  collector  of  the 
port  where  the  merchandise  may  be,  the  invoice  of  the  same,  duly  certi- 
fied, according  to  the  circumstances  of  the  case,  by  the  oath  of  the  owner, 
or  one  of  the  owners  ;  which  oath  shall  be  administered  by  a  collector,  if 
there  is  any  in  the  place  where  the  owner  may  be ;  or,  if  there  is  none, 
by  some  public  oflicer  duly  authorized  to  administer  oaths. 

'*Sec.  2843.  No  merchandise  subject  to  ad-valorem  duty  belonging  to 
a  person  not  residing  at  the  time  in  the  United  States,  and  who  shall 
have  actually  purchased  the  same,  shall  be  admitted  to  entry,  unless  the 
invoice  is  verified  by  the  oath  of  the  owner,  or  one  of  the  owners,  certi- 
fying that  the  merchandise  was  actually  purchased  for  his  account,  or 
for  account  of  himself  and  partners  in  the  purchase;  that  the  invoice 
annexed  thereto  contains  a  true  ami  faithful  account  of  the  actual  cost 
thereof,  and  of  all  charges  thereon,  and  that  no  discounts,  bounties,  or 
drawbacks,  are  contained  in  the  invoice,  but  such  as  have  been  actually 
allowed  on  the  same.  Such  oath  shall  be  administered  by  a  consul  or 
commercial  agent  of  the  United  States,  or  by  some  public  officer  duly 
authorized  to  administer  oaths  in  the  country  where  the  merchandise 
was  purchased  ;  and  the  same  shall  be  duly  certified  by  the  the  consul, 
commercial  agent,  or  public  officer  ;  and  when  such  oath  is  administered 
by  an  officer  other  than  a  consul  or  commercial  agent  of  the  United 
States,  such  official  certificate  shall  be  authenticated  by  such  a  consul 
or  commercial  agent. 

Sec.  2844.  If  there  is  no  consul  or  comnu^rcial  agent  of  the  United 
States  in  the  country  from  which  such  merchandise  was  imported,  the 
authentication  retiuired  by  the  preceding  section  shall  be  executed  by 
a  consul  of  a  nation  at  the  tinu'  in  amity  with  the  United  States,  if 
there  is  any  such  residing  there  ;  and  if  there  is  no  such  consul  in  the 
country  the  authentication  shall  be  made  by  two  respectable  merchants, 
if  any  there  be,  residing  in  the  port  from  which  the  merchandise  shall 
have  been  imported. 


*  See  sees,  l/lii,  1717,  ami  r)44'^ 
H.  Mis.  391 23 


354  NAVIGATION    LAWS    OF    THE    UNITED    STATES 

Sec.  2845.  No  merchaiKlise  subject  to  atl-valorein  duty  belonging-  to 
a  person  not  residing  at  tbe  time  in  the  United  States,  who  has  not 
acquired  thesamein  the  ordinary  mode  of  bargain  and  sale,  or  belonging 
to  the  manufacturer,  in  whole  or  in  part,  of  the  same,  shall  be  admitted 
to  entry,  unless  the  invoice  thereof  is  verified  by  the  oath  of  the  owner, 
or  of  one  of  the  owners,  administered  and  authenticated  in  tlie  mode 
prescribed  in  the  two  ])receding  sections,  and  certifying  that  the  invoice 
contains  a  true  and  faithful  account  of  the  merchandise,  at  its  fair  market- 
value,  at  the  time  and  place  when  and  where  the  same  was  procured  or 
manufactured,  as  the  case  may  be,  and  of  all  charges  thereon  ;  and  that 
the  invoice  contains  no  discounts,  bounties,  or  drawbacks,  but  such  as 
have  been  actually  allowed. 

Sec.  2846.  Whenever  merchandise  subject  to  ad-valorem  duty  belongs 
to  the  estates  of  deceased  persons  or  of  persons  insolvent  who  have  as- 
signed the  same  for  the  benefit  of  their  creditors,  the  oaths  to  invoices 
may  be  administered  to  the  executor  or  administrator,  or  to  the  assignee, 
of  such  i^ersons. 

Sec.  2847.  Whenever  merchandise  subject  to  ad-valorem  duty  is 
imported  belonging  to  a  person  not  residing  in  the  United  States,  not 
accompanied  with  an  invoice  verified  and  authenticated  as  required  by 
the  preceding  sections,  or  whenever  it  is  not  practicable  to  make  such 
oath,  or  whenever  there  is  an  immaterial  informality  in  the  oath  or 
authenticaiion  taken,  or  whenever  the  collector  of  the  port  at  which  the 
merchandise  is  has  certified  his  opinion  to  the  Secretary  of  the  Treasury 
that  no  fraud  was  intended  in  the  invoice  of  the  merchandise,  the  Sec- 
retary of  the  Treasury  may  admit  the  same  to  an  entry.  •But  he  shall 
in  no  case  admit  any  merchandise  to  an  entry  where  there  is  just  ground 
to  suspect  that  a  fraud  on  the  revenue  was  intended. 

Sec.  2848.  The  consignee,  importer,  or  agent  shall,  previous  to  an 
entry  allowed  under  the  preceding  section,  give  bond,  the  form  whereof 
shall  be  prescribed  by  the  Secretary  of  the  Treasury,  with  sufiicieut 
sureties,  to  produce  the  invoice,  if  the  same  be  practicable,  duly  veri- 
fied and  authenticated,  within  eight  months  from  the  time  of  entry,  if 
the  merchandise  was  imported  from  any  port  on  this  side,  and  within 
eighteen  mouths,  if  from  any  port  beyond  the  Cape  of  Good  Hope,  or 
Cape  Horn,  or  from  the  Cape  of  Good  Hope. 

Sec.  2849.  In  all  cases  where  merchandise  subject  to  ad-valorem 
duty  belongs  in  part  to  a  person  residing  in  the  United  States,  and  in 
part  to  a  person  residing  out  of  the  Unitetl  States,  the  oath  of  one  of 
the  owners  residing  in  the  United  States  shall  be  sufficient  to  admit 
the  same  to  an  entry.  In  all  cases,  however,  where  the  merchandise 
was  manufactured,  in  whole  or  in  part,  by  any  one  of  the  owners, 
residing  out  of  the  United  States,  the  same  shall  not  be  so  admitted 
to  an  entry,  unless  the  invoice  has  been  verified  and  authenticated  by 
such  manufacturer  in  the  manner  prescribed  in  section  twenty-eight 
hundred  and  forty-five. 

Sec.  2850.  Whenever  the  invoice  of  merchandise  belonging  to  a 
person  not  residing  in  the  United  States  has  not  been  duly  verified  and 
authenticated,  and,  upou  ai)plication  to  the  Secretary  of  the  Treasury, 
the  merchandise  has  been  refused  an  entry,  the  same  shall  be  deemed 
suspected. 

tSEC.  2851,  For  every  verification  of  an  invoice  and  certificate  before 
a  consul  or  commercial  agent,  such  consul  or  commercial  agent  shall 

*  See  sec.  2850  ;  also  Act  of  March  1,  1823,  cliap.  21,  sec.  12.     (See  act  June  22, 1874.) 
tSee  sees.  1716  aud  1721. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  355 

be  entitled  to  (leiiiand  and  receive  from  tlie  i)erson  makiuo-  the  t^aine,  a 
fee  of  two  dollars  and  fifty  cents.  But  each  shipper  shall  have  the 
right  to  include  all  articles  shipped  by  him  in  the  same  invoice. 

Sec.  2852.  When  any  merchandise  is  admitted  to  an  entry  upon 
invoice,  the  collector  of  the  port  in  which  the  same  is  entered  shall 
certify  the  same  under  his  otiicial  seal ;  and  no  other  evidence  of  the 
value  of  such  merchandise  shall  be  admitted  on  the  part  of  the  owner 
thereof,  in  any  court  of  the  United  States,  except  in  corroboration  of 
such  entry. 

Sec.  2853.  All  invoices  of  merchandise  imported  from  any  foreign 
country  shall  be  made  in  triplicate,  and  signed  by  the  person  owning 
or  shipping  such  merchandise,  if  the  same  has  actually  been  purchased, 
or  by  the  manufacturer  or  owner  thereof,  if  the  same  has  been  procured 
otherwise  than  by  purchase,  or  by  the  duly  authorized  agent  of  such 
purchaser,  manufacturer,  or  owner.     [See  act  June  10,  188().( 

Sec.  2854.  All  such  invoices  shall,  at  or  before  the  shipment  of  the 
merchandise,  be  produced  to  the  consul,  vice-consul,  or  commercial 
agent  of  the  United  States  nearest  the  place  of  shipment,  for  the  use 
of  the  Unired  States,  and  shall  have  indorsed  thereon,  when  so  produced, 
a  declaration  signed  by  the  purchaser,  manufacturer,  owner,  or  agent, 
setting  forth  that  the  invoice  is  in  all  respects  true  ;  that  it  contains,  if 
the  merchandise  mentioned  therein  is  subject  to  ad-valorem  duty,  and 
was  obtained  by  i)urchase,  a  true  and  full  statement  of  the  time  when 
and  the  place  where  the  same  was  purchased,  and  the  actual  cost 
thereof,  and  of  all  charges  thereon  ;  and  that  no  discounts,  bounties, 
or  drawbacks  are  contained  in  the  invoice  but  such  as  have  actually 
been  allowed  thereon;  and  when  obtained  in  any  other  manner  than 
by  purchase,  the  actual  nmrket-value  thereof  at  the  time  and  i)lace 
when  and  where  the  same  was  procured  or  manufactured;  and,  if 
subject  to  specific  duty,  the  actual  quantity  thereof;  and  that  no  dif- 
ferent invoice  of  the  merchandise,  mentioned  in  the  invoice  so  produced, 
has  been  or  will  be  furnished  to  any  one.  If  the  merchandise  was 
actually  purchased,  the  declaration  shall  also  contain  a  statement  that 
the  currency  in  which  such  invoice  is  made  out  is  the  currency  which 
was  actually  ])aid  for  the  merchandise  by  the  purchaser. 

Sec.  2855.  The  person  so  juoducing  such  invoice  shall  at  the  same 
time  declare  to  >uch  consul,  vice-consul,  or  commercial  agent  the  port 
in  the  United  States  at  which  it  is  intended  to  make  entry  of  , merchan- 
dise ;  whereupon  the  consul,  vice  consul,  or  commercial  agent  shall 
indorse  upon  each  of  the  triidicates  a  certificate,  under  his  hand  and 
official  seal,  stating  that  the  invoice  has  been  i)roduced  to  hiu),  with 
the  date  of  such  jjroduction,  and  the  name  of  the  person  by  whom  the 
same  was  produced,  and  the  ]K)rt  in  the  United  States  at  which  it  shall 
be  the  declared  intention  to  make  entry  of  the  merchandise  therein 
mentioned.  The  consul,  vice-consul,  or  commercial  agent  shall  then 
deliver  to  the  person  producing  the  same,  one  of  the  triidicates,  to  be 
used  in  making  entry  of  the  merchandise;  shall  file  another  in  his 
office,  to  be  there  carefully  preserved  ;  and  shall,  as  soon  as  ])racticable, 
transmit  the  lemaining  one  to  the  collector  of  the  port  of  the  United 
States  at  which  it  shall  be  declared  to  be  the  intention  to  make  entry 
of  the  merchandise.     [See  act  .June  H>,  1880.] 

Sec.  285(>.  In  case  of  merchandise  imi)orted  from  a  foreign  country 
adjacent  to  the  United  States,  the  declaration  in  the  two  preceding 
sections  required,  may  be  made  to,  and  the  certificate  indorsed  by,  the 
consul,  vice-consul,  or  commercial  agent  at  or  nearest  to  the  port  of 
clearance  for  the  United  States. 


£56  NA.VIGATION    LAWS    OF    THE    UNITED    STATES. 

Sec.  2857.  Wlieiiever,  from  a  clianjre  of  the  destination  of  any  mer- 
chandise, after  the  production  of  the  invoice  thereof  to  the  consnl,  vice- 
consul,  or  commercial  agent,  or  from  other  cause,  the  triplicate  trans- 
mitted to  the  collector  of  the  port  to  which  such  merchandise  was  orig- 
inally destined,  is  not  received  at  the  port  where  the  same  actually  ar- 
rives, and  where  it  is  desired  to  make  entry  thereof,  the  merchandise 
may  be  admitted  to  an  entry  on  the  execution  by  the  owner,  consignee, 
or  agent,  of  a  bond,  with  sufficient  security,  in  double  the  amount  of 
duty  apparently  due,  conditioned  for  the  payment  of  the  duty  which 
shall  be  found  to  be  actually  due  thereon.  The  collector  of  the  port 
where  such  entry  shall  be  made  shall  immediately  notify  the  consul, 
vice-consul,  or  commercial  agent  to  whom  such  invoice  has  been  pro- 
duced, to  transmit  to  such  collector  a  certified  copy  thereof;  and  such 
consul,  vice  consul,  or  commercial  agent  shall  transmit  the  same  accord- 
ingly without  delay;  and  the  duty  shall  not  be  finally  liquidated  until 
such  triplicate,  or  a  certified  coi)y  thereof,  shall  have  been  received. 
Such  liquidation,  however,  shall  not  be  delayed  longer  than  eighteen 
months  from  the  time  of  making  such  entry. 

Sec.  2858.  Whenever,  from  accident  or  other  cause,  it  has  become 
impracticable  for  the  person  desiring  to  make  entry  of  any  merchandise, 
to  produce,  at  the  time  of  making  such  entry,  any  invoice  thereof,  as 
hereinbefore  required,  it  shall  be  lawful  for  the  Secretary  of  the  Treas- 
ury to  authorize  the  entry  of  such  merchandise  upon  such  terms  and  in 
accordance  with  such  general  or  special  regulations  as  he  may  prescribe. 
The  Secretary  of  the  Treasury  is  hereby  invested  with  the  like  powers 
of  remission  in  cases  of  forfeiture  arising  under  the  foregoing  provisions 
as  in  other  cases  of  forfeiture  under  the  revenue  laws. 

Sec.  2859.  The  six  preceding  sections  shall  not  apply  to  countries 
where  there  is  no  consul,  vice-consul,  or  commercial  agent  of  the  United 
States.  And  whenever  the  value  of  the  imported  merchandise  does  not 
exceed  one  hundred  dollars,  the  collector  may  admit  it  to  entry  without 
the  production  of  the  triplicate  invoice,  and  without  submitting  the 
question  to  the  Secretary  of  the  Treasury,  if  he  is  satisfied  that  the 
neglect  to  produce  such  invoice  was  unintentional  and  that  the  impor- 
tation was  made  in  good  faith,  and  without  any  purpose  of  defrauding 
or  evading  the  revenue  laws. 

Sec.  2800.  Except  as  allowed  in  the  four  preceding  sections,  no  mer- 
chancise  imported  from  any  foreign  place  or  country  shall  be  admitted 
to  an  entry  unless  the  invoice  presented  in  all  respects  conforms  to  the 
requirements  of  sections  twenty-eight  hundred  and  fifty-three,  twenty- 
eight  hundred  and  fifty-four,  and  twenty-eight  hundred  and  fifty  five, 
and  has  thereon  the  certificate  of  the  consul,  vice-consul,  or  commercial 
agent  in  those  sections  specified,  nor  unless  the  invoice  is  verified  at 
the  time  of  making  such  entry  by  the  oath  of  the  owner  or  consignee, 
or  of  the  authorized  agent  of  the  owner  or  consignee,  certifying  that 
the  invoice  and  the  declaration  thereon  are  in  all  respects  true,  and 
were  made  by  the  person  by  whom  the  same  purports  to  have  been 
made,  nor,  unless  the  triplicate  transmitted  by  the  consul,  vice-consul, 
or  commercial  agent  to  the  collector  has  been  received  by  him. 

*  Sec.  2861.  No  consular  officer  of  the  United  States  shall  grant  a 
certificate  for  merchandise  shipped  from  countries  adjacent  to  the 
United  States,  which  have  passed  a  consulate  aftei"  purchase  for  ship- 
ment. 

Sec.  2862.  All  consular  oflficers  are  hereby  authorized  to  require, 


See  sec.  1717,  duplicate. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  357 

before  certifying  any  invoice  nnder  the  ])rovisions  of  the  preceding- 
sections,  satistactory  evidence,  either  by  the  oath  of  the  person  pre- 
senting such  invoices  or  otherwise,  that  such  invoices  are  correct  and 
true.  In  the  exercise  of  the  discretion  hereby  given,  the  consular 
officers  shall  be  governed  by  such  general  or  special  regulations  or 
instructions  as  may  from  time  to  time  be  established  or  given  by  the 
Secretary  of  State. 

Sec.  28G3.  All  consuls  and  commercial  agents  of  the  United  States 
having  any  knowledge  or  belief  of  any  case  or  practice  of  any  person 
who  obtains  verification  of  any  invoice  whereby  the  reveaue  of  the 
United  States  is  or  may  be  defrauded,  shall  report  the  facts  to  the  col- 
lector of  the  port  where  the  revenue  is  or  may  be  defrauded,  or  to  the 
Secretary  of  the  Treasury. 

Sec.  28G4.  If  any  owner,  consignee,  or  agent  of  any  merchandise  shall 
knowingly  make,  or  attempt  to  make,  an  entry  thereof  by  means  of  any 
false  invoice,  or  false  certificate  of  a  consul,  viceconsnl,  or  commercial 
agent,  or  of  any  invoice  which  does  not  contain  a  true  statement  of  all 
the  particulars'hereinbefore  required,  or  by  means  of  any  other  false  or 
fraudulent  document  or  paper,  or  of  any  other  false  or  fraudulent  prac- 
tice or  api)liance  whatsoever,  such  merchandise  or  the  value  thereof 
shall  be  forfeited. 

Sec.  l*8()5.  It  anv  person  shall  knowingly  and  willfully,  with  intent 
to  defraud  the  revenue  of  the  United  States,  smuggle,  or  clandestinely 
introduce  into  the  United  States,  any  goods,  wares,  or  merchandise,  sub- 
ject to  duty  by  law,  and  which  should  have  been  invoiced  without  pay- 
ing or  accounting  for  the  duty,  or  shall  make  out  or  pass,  or  attempt  to 
pass,  through  the  custom-house,  any  false,  forged,  or  fraudulent  invoice, 
every  such'  person,  his,  her,  or  their  aiders  and  abettors,  shall  be  guilty 
of  a  uiisdemeanor,  and  on  conviction  thereof  shall  be  fined  in  any  sum 
not  exceeding  five  thousand  dt)llars,  or  imprisoned  for  any  term  of  time 
not  exceeding  two  years,  or  both,  at  the  discretion  of  the  court. 

Sec.  L'8GG.  From'the  date  of  the  President's  proclamation,  declaring 
that  he  has  evidence  that  the  Imperial  Parliament  of  Great  Britain,  the 
Parliament  of  Canada,  and  the  legislature  of  Prince  Edward's  Island 
have  passed  laws  on  their  part  to  give  eSect  to  the  provisions  of  the 
treatv  of  ^Yashington  of  :May  eighth,  eighteen  hundred  and  seventy-one, 
as  contained  in  articles  eighteen  to  twenty-five  inclusive,  and  article 
thirty  of  said  treaty,  and  so  long  as  said  articles  remain  in  force,  accord- 
ing to  the  terms  and  conditions  of  article  thirty-third  of  said  treaty,  all 
goods,  wares,  or  merchandise  arriving  at  the  i)orts  of  New  York,  Bos- 
ton, and  Portland,  and  any  other  ports  in  the  United  States  which  have 
been,  or  mav  from  time  to'time  be,  specially  designated  by  the  President 
of  the  Unite\l  States  and  destined  for  Her  Britannic  Majesty's  posses- 
sions in  North  America,  maybe  entered  at  the  proper  custom  house  and 
conveyed  in  transit,  without  the  payment  of  duties,  through  the  terri- 
tory of  the  United  States,  under  such  rules,  regulations,  and  conditions 
for' the  protection  of  the  revenue  as  the  Secretary  of  the  Treasury  may, 
from  time  Co  time,  prescribe  ;  and,  under  like  rules,  regulations,  and 
conditions,  goods,  wares,  or  merchandise  may  be  conveyed  in  transit, 
without  the  pavmentof  duties,  from  such  possessions,  through  the  terri- 
tory of  the  Uni'^ted  States,  for  export  from  the  said  ports  of  the  United 
States. 


358  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

UNLADING. 

(Revised  Statutes,  chap.  5.) 

Sec.  28G7.  If  after  tlie  arrival  of  auy  vessel  laden  with  merchandise 
and  bound  to  the  United  States,  witLiin  the  limits  of  any  collection- 
district,  or  within  four  leagues  of  the  coast,  any  part  of  the  cargo  of 
such  vessel  shall  be  unladen,  for  any  purpose  whatever,  before  such 
vessel  has  come  to  the  proper  place  for  the  discharge  of  her  cargo,  or 
soDie  part  thereof,  and  has  been  there  duly  authorized  by  the  ))roper 
otficer  of  the  customs  to  unlade  the  same,  the  master  of  such  vessel  and 
the  mate,  or  other  person  next  in  command,  shall  respectively  be  liable 
to  a  penalty  of  one  thousand  dollars  for  each  such  offense,  and  the  mer- 
chandise so  unladen  shall  be  forfeited,  except  in  case  of  some  unavoid- 
able accident,  necessity,  or  distress  of  weather.  In  case  of  such  una- 
voidable accident,  necessity,  or  distress,  the  master  of  such  vessel  shall 
give  notice  to,  and,  together  with  two  or  more  of  the  officers  or  mariners 
on  board  such  vessel,  of  whom  the  mate  or  other  i)erson  next  in  com- 
mand shall  be  one,  shall  make  proof  upon  oath  beibre  the  collector,  or 
other  chief  ofticer  of  the  customs  of  the  district,  within  the  limits  of 
which  such  accident,  necessity,  or  distress  happened,  or  before  the  col- 
lector, or  other  chief  ofiicer  of  the  collection -district,  within  the  limits  of 
which  such  vessel  shall  first  afterward  arrive,  if  the  accident,  necessity, 
or  distress  happened  not  within  the  limits  of  any  district,  but  within 
four  leagues  of  the  coast  of  the  United  States.  The  collector,  or  other 
chief  ofiicer,  is  hereby  authorized  and  required  to  administer  such  oath. 

Sec.  2868.  If  any  merchandise,  so  unladen  from  on  board  auy  such 
vessel,  shall  be  put  or  received  iuto  any  other  vessel,  except  in  the  case 
of  such  accident,  necessity,  or  distress,  to  be  so  notified  and  proved, 
the  master  of  any  such  vessel  into  which  the  merchandise  shall  be  so 
put  aud  received,  and  every  other  person  aiding  and  assisting  therein, 
shall  be  liable  to  a  i)enalty  of  treble  the  value  of  the  merchandise,  aud 
the  vessel  in  which  they  shall  be  so  put  shall  be  forfeited. 

Sec.  2869.  The  collector  jointly  with  the  naval  officer,  if  any,  or  alone 
where  there  is  none,  shall,  according  to  the  best  of  his  or  tlieir  judg- 
ment or  information,  make  a  gross  estimate  of  the  amount  of  the  duties 
on  the  merchandise  to  which  the  entry  of  auy  owner  or  consignee,  his 
factor  or  agent,  shall  relate,  which  estimate  shall  be  indorsed  ui)on  such 
entry  and  signed  by  the  officer  making  the  same.  The  amount  of 
the  estimated  duties  having  been  first  paid,  or  secured  to  be  paid, 
pursuant  to  the  provisions  of  this  Title,  the  collector  shall,  together 
with  the  naval  officer,  where  there  is  one,  or  alone  where  there  is  none, 
grant  a  permit  to  land  the  merchandise,  whereof  entry  has  been  so 
made,  and  then,  and  not  before,  it  shall  be  lawful  to  land  the  merchan- 
dise. 

Sec.  2870.  All  permits  shall  specify,  as  particularly  as  may  be,  the 
merchandise  to  be  delivered,  namely,  the  number  and  description  of  the 
packages,  whether  trunk,  bale,  chest,  box,  case,  pipe,  hogshead,  barrel, 
keg,  or  any  other  packages  whatever,  with  the  mark  and  number  of 
each  package,  and,  as  far  as  circumstances  will  admit,  the  contents 
thereof,  together  with  the  names  of  the  vessel  aud  master,  in  which  and 
the  place  from  whence  they  were  imported ;  aud  no  merchandise  shall 
be  delivered  by  any  inspector  or  other  ofiicer  of  the  customs  that  does 
not  fully  agree  with  the  description  thereof  in  such  permit. 

Sec.  2871.  The  collector  of  customs,  with  the  concurrence  of  the  naval 
officer,  where  there  is  one.  of  any  port  at  which  a  steamship  from  a  for- 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       359 

eigrn  ])ort  or  place  may  arrive,  upon  or  after  the  issuing  of  a  general 
order,  shall  grant,  upon  proper  application  therefor,  a  special  license  to 
unlade  the  cargo  of  said  vessel  at  night,  that  is  to  say,  between  sunset 
and  sunrise,  but  before  any  such  special  license  is  granted,  the  master, 
agent,  or  consignees  of  the  vessel  shall  execute  and  deliver  to  the  col- 
lector a  good  and  sufficient  bond,  to  be  approved  by  him,  conditioned 
to  indemnify  and  save  the  collector  harndess  from  any  and  all  losses 
and  liabilities  which  may  occur  or  be  occasioned  by  reason  of  the  grant- 
ing of  such  special  license.  x\nd  any  liability  of  the  master  or  owner  of 
any  such  steamshii)  to  the  owner  or  consignee  of  any  merchandise  landed 
from  her  shall  not  be  affected  by  the  granting  of  such  special  license  or 
of  any  general  order,  but  such  liability  shall  continue  until  the  merchan- 
dise is  properly  removed  from  the  dock  whereon  the  same  may  be  landed. 
The  collector,  under  such  general  regulations  as  the  Secretary  of  the 
Treasury  may  prescribe,  shall  fix  a  uniform  and  reasonable  rate  of  com- 
pensation for  like  service,  to  be  paid  by  the  master,  owner,  or  consignee, 
whenever  such  special  licen-e  is  granted,  and  shall  collect  and  distribute 
the  same  among  the  inspectors  assigned  to  superintend  the  unlading  of 
the  cargo. 

Sec.  2872.  Except  as  authorized  by  the  preceding  section,  no  mer- 
chandise brought  in  any  vessel  frooi  any  foreign  port  shall  be  unladen  or 
delivered  from  such  vessel  within  the  United  States  but  in  open  day— 
that  is  to  say,  between  the  rising  and  the  setting  of  the  sun— excejjt  by 
special  license  from  the  collector  of  the  i)ort,  and  naval  officer  of  the 
same,  where  there  is* one,  for  that  purpose,  nor  at  any  time  without  a 
permit  from  the  collector,  and  naval  officer,  if  any,  for  such  unlading  or 
delivery.     [See  Act  June  26,  1884.] 

Sec.  2873.  If  any  merchandise  shall  be  unladen  or  delivered  from  any 
vessel  contrary  to  the  preceding  section,  the  master  of  such  vessel,  and 
every  other  person  who  shall  knowingly  be  concerned,  or  aiding  therein, 
or  in  removing,  storing,  or  otherwise  securing  such  merchandise,  shall 
each  be  liable  to  a  penalty  of  four  huu<lred  dollars  for  each  offense,  and 
shall  be  disabled  from  holding  any  office  of  trust  or  profit  under  the 
United  States,  for  a  term  not.  exceeding  seven  years;  and  the  collector 
of  the  district  shall  advertise  the  name  of  such  person  in  a  newspaper 
printed  in  the  State  in  which  he  resides,  withing  twenty  days  after  each 
respec t i ve  con viction . 

Sec.  2874.  All  merchandise,  so  unladen  or  delivered  contrary  to  the 
provisions  of  section  twenty-eight  hundred  and  seventy-two,  shall  be- 
come forfeited,  and  may  be  seized  by  any  of  the  officers  of  the  customs  ; 
and  where  the  value  thereof,  according  to  the  highest  market  i)rice  of 
the  same,  at  the  port  or  district  where  landed,  shall  amount  to  four  hun- 
dred dollars,  the  vessel,  tackle,  apparel,  and  furniture  shall  be  subject 
to  like  forfeiture  and  seizure. 

Sec.  2875.  The  collector  of  any  district  at  which  any  vessel  arrives, 
immediately  on  her  first  coming  within  such  district,  or  the  surveyor  of 
any  port  w'hei-e  such  vessel  is,  may  put  and  keep  on  board  such  vessel, 
wliile  remaining  within  siicli  district,  or  in  going  from  one  <listrict  to 
another,  one  or  more  inspectors  to  examine  the  cargo  or  contents  of  such 
vessel,  and  to  suj)erintend  the  delivery  thereof,  or  of  so  nnicli  thereof  as 
shall  be  delivered  witliin  the  Cnited  States,  and  to  perform  sucli  other 
duties  according  to  law,  as  they  shall  be  directed  by  the  collector,  or 
surveyor,  to  perform  for  the  better  securing  the  collection  of  the  duties. 
Only  collectors  shall  have  i)Ower,  however,  to  put  inspectors  on  board 
vessels  to  go  from  one  district  to  another. 

Sec.  287G.  The  insnector  shall  make  known  to  the  master  of  such  ves- 


360  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

sel  tlie  duties  lie  is  to  perform  ;  and  shall  suffer  no  merchandise  to  be 
unladen,  or  otherwise  removed  from  such  vessel,  without  a  permit  in 
writinii"  from  the  collector  of  the  port,  and  naval  officer  thereof,  if  any. 
The  inspector  shall  enter  in  a  book,  to  be  by  him  kept  according  to  such 
a  form  as  shall  be  prescribed  or  approved  by  the  collector,  the  name  of 
the  person  in  whose  behalf  such  permits  are  granted,  together  with  the 
particulars  therein  specified,  and  the  marks,  numbers,  kinds,  and  de- 
scription of  the  respective  packages  which  shall  be  unladen  pursuant 
thereto,  and  shall  kee])  a  like  account  in  the  book  of  all  merchandise 
which,  not  having  been  entered  within  the  tiiue  limited  by  this  Title,  or 
for  some  other  cause,  has  been  sent  to  the  store  or  warehouse  provided 
for  the  reception  of  such  merchandise  ;  such  book  shall  be  delivered  to 
the  surveyor  in  the  month  of  January  in  every  year  for  his  iusj  ection, 
and  immediately  after  such  inspection  be  transmitted  by  the  surveyor, 
with  such  observations  as  he  may  think  necessary  thereon,  to  the  col- 
lector, to  be  deposited  in  his  office. 

*Sec.  2877.  The  ins])ector  shall  attend  to  the  delivery  of  the  cargo  un- 
der his  care,  at  all  times  when  the  unlading  or  delivery  of  merchandise 
is  lawful,  particularly  from  the  rising  to  the  setting  of  the  sun  on  each 
dav,  Sundays  and  the  fourth  day  of  July  in  each  year  excepted ;  for 
wliich  purpose  he  shall  constantly  attend  and  remain  on  board  the  ves- 
sel, the  deliveries  from  which  he  is  to  superintend,  or  at  any  other  sta- 
tion where  his  inspection  is  necessary.  The  inspector  shall  not  quit  such 
station  or  place  without  the  leave  of  the  surveyor  of  the  port  first  ob- 
tained, who  shall  appoint  another  inspector,  if  he  deems  it  necessary,  to 
supply  the  place  of  such  inspector  during  his  absence  ;  and  any  inspector 
who  shall  neglect  or  in  any  manner  act  contrary  to  the  duties  hereby 
enjoined,  shall  for  the  first  offense  be  liable  to  a  penalty  of  the  sum  of 
fifty  dollars,  and  for  the  second  offense  shall  be  displaced,  and  be  inca- 
pable of  holding  any  station  of  trust  or  profit  under  the  revenue  laws  of 
the  United  States,  for  a  term  not  exceeding  seven  years. 

Sec.  2878.  No  inspector  shall  perform  any  other  duties  or  service  on 
board  any  vessel,  the  sui)erintendeiice  of  which  is  committed  to  him, 
for  any  person  whatever,  other  than  what  is  required  by  this  Title, 
under  'the  j)enalty  of  being  disabled  from  acting  any  longer  as  an  in- 
spector of  the  customs ;  the  wages  or  compensation  of  such  inspector 
as  may  proceed  from  one  district  to  anotht^r,  shall  be  defrayed  by  the 
master  of  the  vessel  committed  to  his  care ;  every  inspector  or  other 
officer  of  the  revenue,  while  performing  any  duty  on  board  any  vessel, 
not  in  a  port  of  the  United  States,  discharging  her  cargo,  shall  be  en- 
titled to  receive  from  the  master  of  such  vessel  such  provisions  and 
accommodations  as  are  usually  supplied  to  i)assengers,  or  as  the  state 
and  condition  of  such  vessel  will  iulmit,  on  receiving  therefor  fifty  cents 
H  dav  ;  and  any  master  of  any  vessel  who  shall  refuse  such  provisions 
and 'reasonable  accommodations  shall  be  liable  to  a  penalty  of  one 
hundred  dollars. 

Sec.  2879.  If,  by  reason  of  the  delivery  of  the  cargo  in  several  dis- 
tricts, more  than  the  term  allowed  by  law  shall  in  the  whole  be  spent 
therein,  the  wages  or  compensation  of  the  inspector  who  may  be  em- 
ployed on  board  of  any  vessel,  in  respect  to  which  such  term  may  be  so 
exceeded,  shall,  for  every  day  of  such  excess,  be  paid  by  the  master  or 
owner;  and  the  inspector  shall,  previously  to  the  clearance  of  the  ves- 
sel, render  an  exact  account  to  the  collector  of  all  such  compensation 
as  has  been  paid,  or  is  due  and  payable  by  the  master  or  owner. 

♦See  sec.  3070,  which  should  follow  sec.  2877  and  precede  sec.  2878. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  361 

Sec.  2880.  Whenever  any  ineichandise  shall  be  imported  into  any 
port  of  the  United  States  tVoiu  any  foreign  Dort,  in  any  vessel,  at  the 
expiration  of  eight  working  days,  if  the  vessel  is  less  than  three  hun- 
dred tons  burden,  and  within  twelve  working  days,  if  it  is  of  three  hun- 
dred tons  burden  and  less  than  eight  hundred,  and  within  fifteen  days, 
if  it  is  of  eight  hundred  tons  burden  and  ui)ward,  after  the  time  within 
which  the  report  of  the  master  of  any  vessel  is  required  to  be  made  to 
the  collector  of  the  district,  if  there  is  found  any  merchandise  other 
than  has  been  rei)orted  for  some  other  district,  or  some  foreign  ])ort, 
the  collector  shall  take  possession  thereof;  but  with  the  consent  of  the 
owner  or  consignee  of  any  merchandise,  or  with  the  consent  of  the 
owner  or  master  of  the  vessel  in  which  the  same  may  be  imported,  the 
merchandise  may  be  taken  possession  of  by  the  collector  after  one  day's 
notice  to  the  collector  of  the  district.  All  merchandise  so  taken  shall 
be  delivered  i)ursuaut  to  the  order  of  the  collector  of  the  district,  for 
which  a  certificate  or  receipt  shall  be  granted. 

Sec.  2881.  The  limitation  of  the  time  for  unlading,  prescribed  by  the 
preceding  section,  shall  not  extend  to  vessels  laden  with  salt  or  coal; 
but  if  the  master  or  owner  of  any  vessel  laden  with  salt  or  coal  requires 
a  longer  time  to  discharge  her  cargo,  the  wages,  or  compensation  of  the 
inspector,  for  every  day's  attendance  exceeding  the  number  of  days 
allowed  by  law,  shall  be  paid  by  the  master  or  owner;  and  thereupon 
the  collector  is  hereby  authorized  and  required  to  allow  such  longer 
time  as,  in  his  judgment,  he  may  think  necessary  to  discharge  such 
cargo,  not  exceeding  iifteen  days. 

Sec.  2882.  No  merchandise,  brought  in  any  vessel,  from  any  foreign 
port  or  i)lace,  requiring  to  be  weighed,  gauged,  or  measured,  in  order 
to  ascertain  the  duties  thereupon,  shall,  without  the  consent  of  the 
proi)er  officer,  be  removed  from  any  wharf,  or  place,  upon  which  the 
same  may  be  landed  or  ])ut,  before  the  same  shall  have  been  so  Aveighed, 
gauged,  or  measured,  and  if  spirits,  wines,  or  sugars,  before  the  proof 
or  quality  and  (pumtity  thereof  is  ascertained  and  marked  thereon,  by 
or  under  the  direction  of  the  ])roper  officer ;  and  if  any  such  merchandise 
shall  be  removed  from  such  wharf  or  ])lace,  unless  with  tbe  consent  of 
the  proper  officer,  obtained  before  the  same  has  been  so  weighed, 
gauged,  oi-  measured,  and  il"  spirits,  wines,  or  sugars,  before  the  proof 
or  quality  and  quantity  has  been  so  ascertained  and  marked,  the  same 
shall  be  forfeited,  and  may  be  seized  by  any  officer  of  the  customs  or 
inspection. 

Sec.  2883.  Every  permit  for  the  unlading  of  spirits,  wines,  or  any 
part  thereof,  shall,  i)revious  to  such  landing  or  unlading  thereof,  be 
produced  to  the  oflicer  of  ins])ection,  who  shall  record  or  register  in 
proper  books  the  contents  thereof,  and  shall  indorse  thereupon  the 
word  "Inspected."  the  time  when,  and  his  own  name;  after  which  he 
shall  return  the  i)ermit  to  the  person  by  whom  it  was  produced,  and 
then,  and  not  otherwise,  it  shall  be  lawhil  to  land  the  spirits,  or  wines, 
therein  specified;  and  if  spirits  or  wines  shall  be  landed  without  such 
indorsement  upon  the  ]>ermit  granted  for  that  puri)ose,  the  master  of 
the  vessel  from  which  the  same  shall  have  been  so  landed  shall  for 
every  such  olfense  be  liable  to  a  penalty  of  five  hundred  dollars,  and 
the  spirits  or  wines  so  landed  shall  be  forfeited. 

Sec.  2884.  All  distilled  spirits,  and  wines,  shall  be  lauded  under  the 
inspection  of  the  surveyor,  or  other  officer  acting  as  insi)ector  of  the 
revenue  for  the  port,  and  such  of  the  inspectors  of  the  customs  as  shall 
be  deputed  by  him  for  that  purpose,  and  not  otherwise,  on  pain  of  for- 
feiture thereof,  for  which  puri)ose  the  officer  shall  at  all  reasonable  times 


362  NAVIGATIOX    LAWS    OF    THE    UNITED    STATES. 

attend.     This  shall  not,  however,  be  construed  to  exclude  the  inspection 
of  any  officer  of  the  customs,  as  now  or  heretofore  i)racticed. 

Sec.  2885.  Tiie  officers  of  inspection  of  any  port  wliere  distilled  spirits 
or  wines  shall  belauded,  shall,  ni)on  the  landing  thereof,  and  as  soon  as 
the  casks,  vessels,  and  cases  containing'  the  same  shall  be  inspected, 
gauged,  or  measured,  brand  or  otherwise  mark  in  dnrable  characters, 
the  several  casks,  vessels,  and  cases  containing  the  same,  and  the  marks 
shall  express  the  nnmber  of  casks,  vessels,  or  cases,  whether  of  spirits 
or  wines,  marked  by  each  officer  respectively,  in  each  year,  in  progressive 
numbers  for  each  of  the  articles;  also  the  port  of  importation,  the  name 
of  the  vessel,  and  the  surname  of  the  master;  also  each  kind  of  spirits 
or  wines,  for  which  different  rates  of  duty  are  or  shall  be  imposed,  the 
number  of  gallons  in  each  cask  or  case,  and  the  rate  of  proof  if  si)irits; 
also  the  name  of  the  surveyor  or  chief  officer  of  inspection  for  the  port, 
and  the  date  of  importation;  of  all  which  particulars  the  chief  officers 
of  inspection  shall  keep  fair  and  correct  accounts,  in  books  to  be  pro- 
vided for  that  purpose. 

Sec.  "JSSG.  On  the  sale  of  any  cask,  vessel,  or  case,  which  has  been  or 
shall  be  marked  as  containing  distilled  spirits  or  wines,  and  which  has 
been  emptied  of  its  contents,  and  prior  to  the  delivery  thereof  to  the 
purchaser,  or  any  removal  thereof,  the  marks  and  numljers,  which  shall 
have  been  set  thereon  by  or  under  the  direction  of  any  officer  of  inspec- 
tion, shall  be  defaced  and  obliterated  in  the  presence  of  some  officer  of 
inspection  or  of  the  customs,  who  shall,  on  due  notice  being  given,  at- 
tend for  that  purpose,  at  which  time  the  certificate  which  ought  to  ac- 
company such  chest,  vessel,  or  case,  shall  also  be  returned  and  canceled. 
Every  i>erson  who  shall  obliterate,  counterfeit,  alter,  or  deface  any  mark 
or  number  placed  by  an  officer  of  inspection  upon  any  cask,  vessel,  or 
case,  containing  distilled  spirits  or  wines,  or  any  certificate  thereof;  or 
who  shall  sell  or  in  any  way  alienate  or  remove  any  cask,  vessel,  or  case, 
which  has  been  emptied  of  its  contents,  before  the  marks  and  numbers, 
set  thereon  pursuant  to  the  provisions  of  the  preceding  section,  shall 
have  been  defaced  or  obliterated,  in  presence  of  an  officer  of  inspection  ; 
or  who  shall  neglect  or  refuse  to  deliver  th.'  certificate  issued  to  accom- 
pany the  cask,  chest,  vessel,  or  case,  of  which  the  marks  and  numbers 
shall  have  been  defaced  or  obliterated  in  manner  aforesaid,  on  being 
thereto  required  by  an  officer  of  inspection  or  of  the  customs,  shall  for 
every  such  offense  be  liable  to  a  i)enalty  of  one  hundred  dollars,  with 
costs  of  suit. 

*  Sec.  2887.  If  any  package  whatever  which  has  been  so  reported  is 
wanting,  and  not  found  on  board  such  vessel,  or  if  the  merchandise  on 
board  such  vessel  does  not  otherwise  agree  with  the  report  or  manifest 
delivered  by  the  master  of  any  such  vessel,  in  every  such  case  the  mas- 
ter shall  be  liable  to  a  penalty  of  five  hundred  dollars;  except  that  if 
it  is  made  to  appear  to  the  satisfaction  of  the  collector,  naval  officer, 
and  surveyor,  or  to  the  major  part  of  them  where  those  officers  are  es- 
tablished at  any  [tort,  or  to  the  satisfaction  of  the  collector  alone  where 
neither  of  the  others  is  established,  or  in  case  of  trial  for  the  penalty, 
to  the  satisfaction  of  the  court,  that  no  part  whatever  of  merchandise 
of  such  vessel  has  been  unshipped,  landed,  or  unladen  since  it  was 
taken  on  board,  except  as  specified  in  the  report  or  manifest,  and  pur- 
suant to  ))ermits,  or  that  the  disagreement  is  by  accident  or  mistake, 
in  such  case  the  penalty  shall  not  be  inflicted.  But  in  all  such  cases 
the  master  of  any  vessel  shall  be  required  and  shall  make  a  post  entry 

'This  sectioji  should  follow  next  after  sw.  '^890.     ''See  also  sec.  2627,  subdivision  six.") 


NAVIGATION   LAWS    OF    THE    UNITED    STATES.  363 

or  addition  to  the  rei)ort  or  manifest  by  him  delivered  of  any  and  all 
merchandise  omitted  to  be  included  and  reported  in  such  manifest;  and 
it  shall  not  be  lawful  to  j^rant  a  i)ermit  to  unlade  any  such  merchandise 
so  omitted  befoiesucii  post  entry  or  addition  to  such  report  or  manifest 
has  been  made. 

Sec.  288S.  When  the  delivery  of  merchandise  from  on  board  of  any 
vessel  is  completed,  co])ies  of  the  accounts  or  entries  which  have  been 
kept  or  made  thereof,  by  the  officer  charged  with  the  deliveries,  shall 
be  returned  to  the  collector  of  the  district,  and  the  naval  ofiBcer,  if  any, 
within  three  days  after  such  delivery  has  been  comi)leted,  if  at  the  port 
where  such  ofticer  resides,  and  if  at  any  other  port  as  soon  as  the  nature 
of  the  case  will  admit,  not  exceeding  fifteen  days.  The  accounts  or  en- 
tries to  be  so  retnrned  shall  comprise  all  deliveries  made  ])nrsnant  to 
permits,  and  all  ])ackages  or  merchandise  sent  to  the  public  stcn^es; 
also  each  and  every  package  remaining  on  board  of  such  vessel  for  the 
purpose  of  being  exjtorted  therein  to  a  foreign  port,  or  to  some  other 
district  of  the  United  States. 

Sec.  2S89.  Such  returns  shall  be  signed  by  the  inspectors  res])ect- 
ively  under  whose  superintendence  the  deliveries  have  been  made;  and, 
after  examination,  and  on  being  found  correct,  shall  be  countersigned 
or  certified  by  the  surveyor  of  the  port,  if  any,  at  the  port  where  the 
deliveries  have  been  made.  The  returns  shall  be  transmitted  by  him  to 
the  naval  officer,  if  any ;  who  shall  compare  the  same  with  the  mani- 
fests and  entries  in  his  i)ossession;  and  if  auj- difference  appears,  the 
particulars  thereof  shall  be  noted  by  indorsement  on  the  returns;  and  if 
uo  difference  appears,  it  shall  be  so  noted  by  like  indorsements.  The 
naval  officer  shall  transmit  the  returns  to  the  collector  of  the  district; 
and  on  being  returned  to  the  collector,  shall  be  by  him  compared  with 
the  manifests  and  entries  of  the  merchandise,  which  have  been  made  by 
the  owner,  consignee,  or  his  factor  or  agent ;  and  if  any  difference  ap- 
pears, the  same  shall  be  noted  by  indorsement  on  such  manifests,  speci- 
fying the  particulars  thereof;  and  if  no  difference  ai)i)ears,  it  shall  be 
noted  by  like  indorsement,  that  the  delivery  corresponds  with  theentrN' 
or  entries  thereof.  Tlie  indorsement  or  memorandum  shall,  in  each  case, 
be  subscribed  by  the  officer  by  whom  the  comparison  was  made. 

Sec.  2890.  The  weighers,  gangers,  and  measurers,  employed  in  the 
service  of  the  revenue,  shall,  within  three  days  after  any  vessel  is  dis- 
charged, make  returns  of  the  articles  by  them  respectively  weighed, 
gauged,  or  measured,  out  of  such  vessel.  Such  returns  shall  be  made 
by  the  weighers,  gangers,  and  measurers,  in  books  to  be  prepared  by 
them  for  that  puri)ose,  and  kept  in  the  custom-houses.* 

Sec.  2891.  If  aqy  vessel  fiom  any  foreign  port,  comi)elled  bj'  distress 
of  weather,  or  other  necessity,  shall  put  into  any  port  of  the  United 
States,  not  being  destined  for  the  same,  the  master,  together  with  the 
mate  or  person  next  in  command,  may,  within  twenty-four  hours  after 
her  arrival,  make  protest  in  the  usual  form  upon  oath,  before  a  notary 
public  or  other  person  duly  authorized,  or  before  the  collector  of  the 
district  where  the  vessel  arrives,  setting  forth  the  cause  or  cir(;umstances 
of  such  distress  or  necessity.  Such  ])rotest,  if  not  nuide  before  the 
collector,  shall  be  i)roduced  to  him,  and  to  the  naval  officer,  if  any,  and 
a  copy  thereof  lodged  with  him  or  them.  The  master  sliall  also,  within 
forty- eight  hours  after  such  arrival,  make  report  in  writing  to  the  col- 
lector, of  the  vessel  and  her  cargo,  as  is  directed  hereby  to  be  done  in 
other  cases.     And  if  it  api)ear  to  the  collector,  by  the  certificate  of  the 

*  See  note  to  sec.  28H7. 


364  NAVIGATION   LAWS    OF    TEE    UNITED    STATES. 

wardens  of  the  port,  or  otber  officers  usually  charged  with,  and  accus- 
tomed to  ascertain  the  condition  of  vessels  arriving  in  distress,  if  any, 
or  by  the  certificate  of  two  reputable  merchants,  to  be  named  for  that 
])urpose  by  the  collector,  if  there  are  no  such  wardens,  or  other  officers 
duly  qualified,  that  there  is  a  necessity  for  unlading  the  vessel,  the  col- 
lector and  naval  officer,  if  any,  shall  grant  a  permit  for  that  purpose, 
and  sliall  appoint  an  inspector  to  oversee  such  unlading,  who  shall  keep 
an  account  of  the  same,  to  be  compared  with  the  report  made  by  the 
master  of  the  vessel. 

Sec.  2892.  All  merchandise  so  unladen  from  any  vessel  arriving  in 
distress  shall  be  stored  under  the  direction  of  the  collector,  who,  upon 
request  of  the  master  of  such  vessel,  or  of  the  owner  thereof,  shall, 
together  with  the  naval  officer,  where  there  is  one,  and  alone  where 
there  is  none,  grant  permission  to  dispose  of  such  part  of  the  cargo  as 
may  be  of  a  perishable  nature,  if  any  there  be,  or  as  may  be  necessary 
to  defray  the  expenses  attending  such  vessel  and  her  cargo.  But  entry 
shall  be  made  therefor,  and  the  duties  paid. 

Sec,  2893.  In  case  the  delivery  of  the  cargo  does  not  agree  with  the 
report  thereof,  made  by  the  master  of  such  vessel  so  arriving  in  dis- 
tress, and  if  the  difference  or  disagreement  is  not  satisfactorily  accounted 
for  in  manner  prescribed  by  this  Title,  the  master  of  such  vessel  shall 
be  liable  to  such  penalties  as  in  other  like  cases  are  prescribed. 

Sec.  2s94.  The  merchandise,  or  the  remainder  thereof,  which  shall 
not  be  disposed  of,  may  be  reladen  on  board  the  vessel  so  arriving  in 
distress,  under  the  inspection  of  the  officer  who  superintende<l  the  land- 
ing thereof,  or  other  proper  person ;  and  the  vessel  may  proceed  with 
the  same  to  the  place  of  her  destination,  free  from  any  other  charge 
than  for  the  storing  and  safe  keeping  of  the  merchandise,  and  fees  to 
the  officers  of  the  customs  as  in  other  cases. 

Sec.  2895.  Whenever  any  Spanish  vessel  shall  arrive  in  distress,  in 
any  port  of  the  United  States,  having  been  damaged  on  the  coasts  or 
within  the  limits  of  the  United  States,  and  her  cargo  shall  have  been 
unladen,  in  conformity  with  the  provisions  of  the  four  jireceding  sec- 
tions, the  cargo,  or  any  part  thereof,  may,  if  the  vessel  should  be  con- 
demned as  not  seaworthy,  or  be  deemed  incapable  of  performing  her 
original  voyage,  afterward  be  reladen  on  board  anj-  other  vessel  under 
the  inspection  of  the  officer  who  superintended  the  landing  thereof,  or 
other  proper  person.  No  duties,  charges,  or  fees  whatever,  shall  be  paid 
on  such  part  of  the  cargo  as  may  be  reladen  and  carried  away,  ei,ther 
in  the  vessel  in  which  it  was  originally  imported,  or  in  any  other. 

Sec.  2896.  When  a  vessel  is  prevented  by  ice  from  getting  to  the  port 
or  place  at  which  her  cargo  is  intended  to  be  delivered,  the  collector  of 
the  district  in  whicli  such  vessel  may  be  obstructed  may  receive  the 
report  and  entry  of  such  vessel,  and,  with  the  consent  of  the  naval  offi- 
cer, where  there  is  one,  grant  permits  for  unlading  or  landing  the  mer- 
chandise imported  in  such  vessel,  at  any  place  within  his  district,  most 
convenient  and  proi)er.  The  report  and  entry  of  such  vessel,  and  her 
cargo,  or  any  i)art  thereof,  and  all  persons  concerned  therein,  shall  be 
subject  to  the  same  regulations  and  penalties  as  if  the  vessel  had  ar- 
rived at  the  port  of  her  destination,  and  had  there  proceeded  to  the 
delivery  of  her  cargo. 

Sec.  2897.  The  Secretary  of  the  Treasury,  under  such  ruleg  and  regu- 
lations as  he  shall  prescribe,  may  permit  salt  imported  from  foreign 
places  to  be  unladen  on  the  right  bank  of  the  river  Mississippi  oi)posite 
the  city  of  New  Orleans,  at  any  point  on  the  right  bank  between  the 
upper  and  lower  corporate  limits  of  the  municipalities  of  the  city. 


NAVIGATION   LAWS    OF    THE    UNITED    STATES.  365 

Sec.  2898.  In  estimating  the  allowance  for  tare  on  all  chests,  boxes, 
cases,  casks,  bags,  or  other  en veloi)e  or  covering  of  all  articles  imported 
liable  to  pay  any  duty,  where  the  original  invoice  is  produced  at  the 
time  of  making  entry  thereof,  and  the  tare  shall  be  specitied  therein, 
the  collector,  if  he  sees  fit,  or  the  collector  and  naval  oflicer,  if  any,  if 
they  see  tit,  may,  with  the  consent  of  the  consignees,  estimate  the  tare 
according  to  such  invoice  ;  but  in  all  other  cases  the  real  tare  shall  be 
allowed,  and  may  be  ascertained  under  such  regulations  as  the  Secre- 
tary of  the  Treasury  may  from  time  to  time  prescribe ;  but  in  no  case 
shall  there  be  any  allowance  for  draught. 


APPRAISAL.* 

(Revised  Statutes,  chap.  6.) 

Sec.  2899.  No  merchandise  liable  to  be  inspected  or  appraised  shall 
be  delivered  from  the  custody  of  the  officers  of  the  customs,  until  the 
same  has  been  inspected  or  appraised,  or  until  the  packages  sent  to  be 
inspected  or  appraised  shall  be  found  correctly  and  ftiirly  invoiced  and 
put  up,  and  so  reported  to  the  collector.  The  collector  may,  however, 
at  the  request  of  the  owner,  importer,  consignee,  or  agent,  take  bonds, 
with  apjM'oved  security,  in  double  the  estimated  value  of  such  merchan- 
dise, conditioned  that  it  shall  be  delivered  to  the  order  of  the  collector, 
at  any  time  within  ten  days  after  the  package  sent  to  the  public  stores 
has  been  appraised  and  reported  to  the  collector.  If  in  the  mean  time 
any  package  shall  be  opened,  without  the  consent  of  the  collector  or  sur- 
veyor given  in  writing,  and  then  in  the  presence  of  one  of  the  inspectors 
of  the  customs,  or  if  the  package  is  not  delivered  to  the  order  of  the  col- 
lector, according  to  the  condition  of  the  bond,  the  bond  shall,  in  either 
case,  be  forfeited. 

Sec.  2900.  The  owner,  consignee,  or  agent  of  any  merchandise  which 
has  been  actually  purchased,  or  procured  otherwise  than  by  purchase, 
at  the  time,  and  not  afterward,  when  he  shall  produce  his  original  in- 
voice to  the  collector  and  make  and  verify  his  written  entry  of  his  mer- 
chandise, may  make  such  addition  in  the  entry  to  the  cost  or  value  given 
in  the  invoice  as  in  his  opinion  may  raise  the  same  to  the  actual  market- 
value  or  wholesale  price  of  such  merchandise  at  the  period  of  exporta- 
tion to  the  United  States  in  the  principal  markets  of  the  country  from 
which  the  same  has  been  imported ;  and  the  collector  within  whose  dis- 
trict the  same  may  be  imported  or  entered  may  cause  suchactual  mar- 
ket-valueor  wholesale  price  to  be  appraised ;  and  if  such  api)raised  value 
shall  exceed  by  ten  per  centum  or  more  the  value  so  declared  in  the 
entry,  then,  in  addition  to  the  duties  nnposed  by  law  on  the  same,  there 
shall  be  collected  a  duty  of  twenty  per  centum  ad  valorem  on  such  ap- 
praised value.  The  duty  shall  not,  however,  be  assessed  upon  an  amount 
less  than  the  invoice  or  entered  value. 

Sec.  2901.  The  collector  shall  designate  on  the  invoice  at  least  one 
package  of  every  invoice,  and  one  package  at  least  of  every  ten  pack- 
ages of  merchandise,  and  a  greater  number  should  he  or  either  of  the 
appraisers  deem  it  necessary,  imported  into  such  port,  to  be  opened, 
examined,  and  api)raised,  and  shall  order  the  ])ackage  so  designated  to 
the  public  stores  for  examination  ;  and  if  any  i)ackage  be  found  by  the 
appraisers  to  contain  any  article  not  specifled  in  the  invoice,  and  they  or 

*  See  sees.  '252  and  570. 


366  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

a  majoritv  of  them  sljall  be  of  opinion  that  snob  article  was  omitted  in 
the  invoice  witli  fraudulent  intent  on  the  part  of  the  shipper,  owner,  or 
agent,  the  contents  of  the  entiie  package  in  wiiich  the  article  may  be, 
shall  be  liable  to  seizure  and  forfeiture  on  conviction  thereof  before  any 
court  of  competent  jurisdiction;  but  if  the  appraisers  shall  be  of  opin- 
ion that  no  such  fraudulent  intent  existed,  then  the  value  of  such  ar- 
ticle shall  be  added  to  the  entry,  and  the  duties  thereon  paid  accord- 
ingly, and  the  same  shall  be  delivered  to  the  importer,  agent,  or  con- 
signee. Such  forfeiture  may,  however,  be  remitted  by  the  Secretary  of 
the  Treasury  on  the  production  of  evidence  satisfactory  to  him  that  no 
fraud  was  intended. 

Sec.  2902.  It  shall  be  the  duty  of  the  appraisers  of  the  United  States, 
and  every  of  them,  and  every  person  who  shall  act  as  such  appraiser, 
or  of  the  collector  and  naval  oflticer,  as  the  case  may  be,  by  all  reason- 
able ways  and  means  in  his  or  their  power,  to  ascertain,  estimate,  and 
appraise  the  true  and  actual  maiket  value  and  wholesale  price,  any  in- 
voice or  affidavit  thereto  to  the  contrary  notwithstanding-,  of  the  mer- 
chandise, at  the  time  of  expoitation,  and  m  the  princii)al  markets  of 
the  country  whence  the  same  has  been  imported  into  the  United  States, 
and  the  number  of  such  yards,  parcels,  or  quantities,  and  such  actual 
market- value  or  wholesale  price  of  every  of  them,  as  the  case  may  re- 
quire. *A11  such  merchandise,  being-  manufactured  of  wool,  or  whereof 
wool  shall  be  a  component  part,  which  sljall  be  iniported  into  the  United 
States,  in  an  unfinished  condition,  shall,  in  every  such  appraisal,  be  esti- 
mated to  have  been  at  the  time  of  exportation,  and  place  whence  the 
same  was  imported  into  the  United  States,  of  as  grear  value  as  if  the 
same  had  been  entirely  finished. 

Seo.  2903.  The  President  may  cause  to  be  established  fit  and  proper 
regulations  for  estimating  the  duties  on  merchandise  imi)orted  into  the 
United  States,  in  respect  to  which  the  original  cost  shall  be  exhibited  in 
a  depreciated  currency,  issued  and  circulated  under  authority  of  any 
foreign  government. 

Sec.  2904.  When  the  duty  upon  any  imports  shall  be  subject  to  be 
levied  upon  the  true  market- value  of  such  imports  in  the  i)rincipal 
markets  of  the  country  from  whence  the  importation  has  been  made,  or 
at  the  port  of  exportation,  the  duty  shall  be  estimated  and  collected 
upon  the  value  on  the  day  of  actual  shipment,  whenever  a  bill  of  lading 
shall  be  presented  showing  the  date  of  shipment,  and  which  shall  be 
certified  by  a  certificate  of  the  United  States  consul,  commercial  agent, 
or  other  legally  authorized  deputy. 

Sec.  2905.  In  all  cases  where  merchandise,  subject  to  ad-valorem  duty, 
or  on  which  the  duties  are  to  be  levied  upon  the  value  of  the  square 
yard,  and  in  all  cases  where  any  specific  quantity  or  parcel  of  such  mer- 
chandise has  been  imported  into  the  United  States  from  a  country  in 
which  the  same  has  not  been  manufactured  or  produced,  the  foreign 
value  shall  be  ai)praised  and  estimated  according  to  the  current  market- 
value  or  wholesale  price  of  similar  articles  at  the  principal  markets  of 
the  country  of  production  or  manufacture,  at  the  period  of  the  exporta- 
tion of  such  merchandise  to  the  United  States. 

Sec.  2900.  When  anad-valorem  rateof  duty  is  imposed  on  any  imported 
merchandise,  or  when  the  duty  imi)osed  shall  be  regulated  by,  or  directed 
to  be  estimated  or  based  upon,  the  value  of  the  square  yard,  or  of  any 
specified  quantity  or  parcel  of  such  merchandise,  the  collector  within 
whose  district  the  same  shall  be  imported  or  entered  shall  cause  the 

*  See  sec.  2504,  Schedule  L. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  367 

actual  market-value,  or  wholesale  price  thereof,  at  the  period  of  the 
exportatiou  to  the  United  States,  in  the  principal  markets  of  the  coun- 
try from  which  the  same  has  been  imported,  to  be  appraised,  and 
such  ai)praised  value  shall  be  considered  the  value  upon  which  duty 
shall  be  assessed. 

Sec.  2J)07.  In  determining  the  dutiable  value  of  merchandise,  there 
shall  be  added  to  the  cost,  or  to  the  actual  wholesale  piice  or  general 
market-value  at  the  time  of  exportatiou  in  the  principal  markets  of  the 
country  from  whence  the  same  has  been  imported  into  the  United  States, 
tlie  cost  of  transportation,  shii)ment,  and  transshipment,  with  all  the 
expenses  inchuled,  from  the  place  of  growth, production,  or  manufacture, 
whether  by  land  or  water,  to  the  vessel  in  which  shipment  is  nmde  to 
the  United  States;  the  value  of  the  sack,  box,  or  covering  of  any  kind 
in  which  such  merchandise  is  contained  ;  commission  at  the  usual  rates, 
but  in  no  case  less  than  two  and  a  half  per  centum  ;  and  brokerage,  ex- 
port duty,  and  all  other  actual  or  usual  charges  for  putting  up,  prepar- 
ing, aud  packing  for  transportation  or  sh'pmeut.  All  charges  of  a  gen- 
eral character  incurred  in  the  purchase  of  a  general  invoice  shall  be  dis- 
tributed pro  rata  among  all  parts  of  such  invoice ;  aud  every  part  thereof 
charged  with  duties  based  on  value  shall  be  advanced  according  to  its 
proportion,  and  all  wines  or  other  articles  paying  specitic  duty  by  grades 
shall  be  graded  and  pay  duty  according  to  the  actual  value  so  deter- 
mined. 

Sec.  1:008.  All  additions  made  to  the  entered  value  of  merchandise 
for  charges  shall  be  regarded  as  part  of  the  actual  value  of  such  mer- 
chandise, aud  if  such  addition  shall  exceed  by  ten  per  centum  the  value 
declared  in  the  entry,  in  addition  to  the  duties  imposed  by  law,  there 
shall  be  collected  a  duty  of  twenty  per  centum  on  such  value.  But  noth- 
ing contained  in  this  and  the  preceding  section  shall  apply  to  long  comb- 
ing or  carpet  wools  costing  twelve  cents  or  less  per  pound,  unless  the 
charges  so  added  shall  carry  the  cost  above  twelve  cents  per  i)ound,  in 
which  case  one  cent  per  pound  duty  shall  be  added  :  Provided,  Th-dt  this 
and  the  i)receding  section  shall  not  be  construed  as  imi)airing  the  pro- 
vision relating  to  duties  on  the  several  classes  of  imported  wools,  con- 
tained in  section  two  thousand  live  hundred  and  four,  under  Schedule  L. 

Sec.  2909.  [Repealed  by  act  of  February  27,  1877. j 

Sec.  2910.  When  merchandise  of  the  same  material  or  descrii)tion, 
but  of  different  values,  is  invoiced  at  an  average  price, and  not  otherwise 
provided  for,  the  duty  shall  be  assessed  upon  the  whole  invoice  at  the 
rate  to  which  the  highest  valued  goods  in  such  invoice  are  subject. 

Sec.  2911.  Whenever  articles  composed  wholly,  or  in  part,  of  wool  or 
cotton,  of  similar  kind,  but  different  quality,  are  found,  in  the  same 
package,  chaiged  at  an  average  ])rice,  it  shall  be  the  duty  of  the  apprais- 
ers to  adoi)t  the  value  of  the  best  article  contained  in  such  package,  and 
so  charged,  as  the  average  value  of  the  whole. 

Sec.  2912.  When  wool  of  different  qualities  is  imported  in  the  same 
bale,  bag,  or  package,  it  shall  be  appraised  by  the  appraiser,  to  deter- 
mine the  rate  of  duty  to  which  it  shall  be  subjected,  at  the  average  ag- 
gregate value  of  the  contents  of  the  bale,  bag,  or  package;  and  when 
bales  of  ditterent  qualities  are  embraced  in  the  same  invoice  at  the  same 
prices  wheieby  the  average  i)rice  shall  be  reduced  more  than  teu  per 
centum  below  the  value  of  the  bale  of  the  best  quality,  the  value  of  the 
whole  shall  be  appraised  according  to  the  value  of  the  bale  of  the  best 
quality ;  and  no  bale,  bag,  or  package  shall  be  liable  to  a  less  rate  of 
duty  iu  consequence  of  being  invoiced  with  wool  of  lower  value. 

Sec.  2913.  In  the  appraisement  of  kid  and  all  other  gloves  imported 


368  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

into  tlie  United  States  there  shall  be  no  discrimination  in  detenniuing 
by  appraisement  the  foreign  market- value  of  such  goods,  whether  pro- 
tected by  trade-mark  or  not;  and  in  no  case  shall  gloves  so  i>rotected 
by  trade-mark  be  appraised  at  a  less  foreign  market-value  than  the  like 
goods  not  so  protected  ;  and  no  sale  or  pretended  sale  of  such  goods  shall 
be  held  to  lix  the  value  of  the  same. 

Sec.  2914.  The  standard  by  which  the  color  and  grades  of  sugar  are 
to  be  regulated,  shall  be  selected  and  furnished  to  the  collectors  of  such 
ports  of  entry  as  may  be  necessary  by  the  Secretary  of  the  Treasury, 
from  time  to  time,  and  in  such  manner  as  he  may  deem  expedient. 

Sec.  2915.  The  Secretary  of  the  Treasury  shall,  by  regulation,  pre- 
scribe and  require  that  samples  froui  packages  of  sugar  shall  be  taken 
by  the  proper  offlcers,  in  such  manner  as  to  ascertain  the  true  quality 
of  such  sugar;  and  the  weights  of  sugar  imported  in  casks  or  boxes 
shall  be  marked  distinctly  by  the  custom-house  weigher,  by  scoring  the 
figures  indelibly  on  each  package. 

Sec.  291G.  For  the  i)urpose  of  carrying  into  effect  the  classification  of 
wool  and  hair  of  animals,  prescribed  by  Schedule  L,  Title  "Duties 
UPON  lMPORTS,"a  sufficient  number  of  distinctive  samples  of  the  various 
kinds  of  wool  or  hair  embraced  in  each  of  the  three  classes  named,  se- 
lected and  prepared  under  the  direction  of  the  Secretary  of  the  Treas- 
ury, and  duly  verified  by  him,  the  standard  samples  of  which  shall  be 
retained  in  the  Treasury  De]>artment,  shall  be  deposited  in  the  custom- 
houses and  elsewhere,  as  he  may  direct ;  which  samples  shall  be  used 
by  the  proper  officers  of  the  customs,  to  determine  the  class  to  which 
any  imported  wool  or  hair  belongs. 

Sec.  2917.  The  standard  for  vinegar  shall  be  taken  tolje  that  strength 
which  requires  thirty-five  grains  of  bicarbonate  of  potash  to  neutralize 
one  ounce  troy  of  vinegar;  and  all  import  duties  that  may  be  im{)osed 
by  law  on  vinegar  imported  from  foreign  countries  shall  be  collected  ac- 
cording to  this  standard. 

Sec.  2918.  The  Secretary  of  the  Treasury  may,  under  the  direction  of 
the  President,  adopt  such  hydrometer  as  he  may  deem  best  calculated 
to  promote  the  public  interest  for  the  purpose  of  ascertaining  the  proof 
of  liquors;  and,  after  such  adoption,  the  duties  imposed  by  law  upon 
distilled  spirits  shall  be  collected  according  to  proof  ascertained  by  any 
hydrometer  so  adopted. 

Sec.  2919.  For  the  purpose  of  estimating  the  duties  on  importations 
of  grain,  the  number  of  bushels  shall  be  ascertained  by  weight,  instead 
of  by  measuring;  and  sixty  pounds  of  wheat,  fifty-six  pounds  of  corn, 
fifty  six  pounds  of  rye,  forty-eight  pounds  of  barley,  thirty-two  pounds 
of  oats,  sixty  pounds  of  pease,  and  forty-two  pounds  of  buckwheat, 
avoirdupois  weight,  shall  respectively  be  estimated  as  a  bushel. 

Se(\  2920.  In  all  cases  in  which  the  invoice  or  entry  does  not  contain 
the  w^eight,  or  quantity,  or  measure  of  merchandise,  now  weighed,  or 
measured,  or  gauged,  the  same  shall  be  weighed,  gauged,  or  measured 
at  the  expense  of  the  o\\ner,  agent,  or  consignee. 

Sec.  2921.  If,  on  the  opening  of  any  package,  a  deficiency  of  any  arti- 
cle shall  be  found,  on  examination  by  the  appraisers,  the  same  shall  be 
certified  to  the  collector  on  the  invoice,  and  an  allowance  for  the  same 
be  made  in  estimating  the  duties. 

Sec.  2922.  The  appraisers,  or  the  collector  and  naval  officer,  as  the 
case  may  be,  may  call  before  them  and  examine  upon  oath,  any  owner, 
importer,  consignee,  or  other  person,  touching  any  matter  or  thing  which 
they  may  deem  material  in  ascertaining  the  true  market-value  or  whole- 
sale i)rice  of  any  mei'chaudise  imported,  and  require  the  production,  on 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  369 

oath,  to  the  collector  or  to  anj^  permauent  appraiser,  of  any  letters,  ac- 
counts, or  invoices,  in  his  possession  relating  to  the  same.  All  testi- 
mony in  writing,  or  depositions,  taken  by  virtue  of  this  section,  shall  be 
filed  in  the  collector's  office,  and  preserved  for  future  use  or  reference, 
to  be  trausmitted  to  the  Secretary  of  the  Treasury  when  he  shall  require 
the  same. 

Sec.  2923.  If  any  person  so  called  shall  neglect  or  refuse  to  attend, 
or  shall  decline  to  answer,  or  shall,  if  required,  refuse  to  answer  in  writ- 
ing any  interrogatories,  and  subscribe  his  name  to  his  deposition,  or  to 
produce  such  papers,  when  so  required  by  an  appraiser  or  collector  and 
naval  officer,  he  shall  be  liable  to  a  penalty  of  one  hundred  dollars  ;  and 
if  such  person  be  the  owner,  importer,  or  consignee,  the  appraisement 
which  the  appraisers,  or  collector  and  naval  officer,  where  there  are  no 
legal  appraisers,  may  make  of  the  merchandise  shall  be  tinal  and  con- 
clusive. 

Sec.  2924.  Any  person  who  shall  willfully  and  corruptly  swear  falsely 
on  an  examination  before  any  appraiser,  or  collector  and  naval  officer, 
shall  be  deemed  guilty  of  perjury;  and  if  he  is  the  owner,  importer,  or 
consignee,  the  merchandise  shall  be  forfeited. 

Sec.  2925.  Whenever,  in  the  opinion  of  the  Secretary  of  the  Treasury, 
it  may  be  necessary  in  order  to  carry  into  full  effect  the  laws  for  the 
collection  of  the  revenue,  he  may  authorize  the  collector  of  any  district 
into  which  merchandise,  subject  to  duty,  may  be  imported,  to  require 
the  owner,  importer,  or  consignee  of  such  merchandise,  to  give  bond,  in 
a  sum  not  exceeding  the  value  of  such  merchandise,  that  he  will  produce 
or  cause  to  be  produced,  within  a  reasonable  time,  to  be  fixed  by  the 
Secretary,  such  proof  as  the  Secretary  maj^  deem  necessary,  and  as  is 
in  the  power  of  the  owner,  importer,  or  consignee,  to  obtain,  to  enable 
the  collector  to  ascertain  the  class  or  description  of  manufacture,  or  rate 
of  duty,  to  which  such  merchandise  is  justly  liable. 

Sec.  2920.  All  merchandise,  of  which  incomplete  entry  has  been  made, 
or  an  entry  without  the  specification  of  particulars,  either  for  want  of 
the  original  invoice,  or  for  any  other  cause,  or  which  has  received  dam- 
age during  the  voyage,  shall  be  conveyed  to  some  warehouse  or  store- 
house, to  be  designated  by  the  collector,  in  the  parcels  or  packages  con- 
taining the  same,  there  to  remain  with  due  and  reasonable  care,  at  the 
expense  and  risk  of  the  owner  or  consignee,  under  the  care  of  some 
proper  officer,  until  the  particulars,  cost,  or  value,  as  the  case  may  re- 
quire, shall  have  been  ascertained  either  by  the  exhibition  of  the  origi- 
nal invoice  thereof,  or  by  appraisement,  at  the  option  of  the  owner, 
importer,  or  consignee;  and  until  the  duties  thereon  shall  have  been 
paid,  or  secured  to  be  paid,  and  a  ])ermit  granted  by  the  collector  for 
the  delivery  thereof. 

Sec.  2927.  In  respect  to  articles  that  have  been  damaged  during  the 
voyage,  whether  subject  to  a  duty  ad  valorem,  or  chargeable  with  a 
specific  duty,  either  by  number,  weight,  or  measure,  the  appraisers  shall 
ascertain  and  certify  to  wliat  rate  or  percentage  the  merchandise  is  dam- 
aged, and  the  rate  of  i)ercentage  of  damage,  so  ascertained  and  certified, 
shall  be  deducted  from  the  original  amount,  subject  to  a  duty  ad  valo- 
rem, or  from  the  actual  or  original  number,  weight,  or  measure,  on 
which  specific  duties  would  have  been  c()(ni)ute(l.  Xo  allowance,  how- 
ever, for  the  damage  on  any  merchandise,  that  has  been  entered,  and  on 
which  the  duties  have  been  i)ai(l  or  secured  to  be  paid,  and  for  which  a 
permit  has  been  granted  to  the  owner  or  consignee  thereof,  and  which 
may  on  examining  the  same  prove  to  be  damaged,  shall  be  n)a(l('.  unless 
proof  to  ascertain  such  damage  shall  be  lodged  in  the  customliouse  of 
H.  Mis.  391 24 


370       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

the  port  where  such  merchandise  has  been  landed,  within  ten  days  after 
the  huKlin^  of  such  merchandise. 

Sec.  2928.  Before  any  merchandise  which  may  be  taken  from  any 
wreck  shall  be  admitted  to  an  entry,  the  same  shall  be  appraised  ;  and 
the  same  proceedings  shall  be  ordered  and  executed  in  all  cases  where 
a  reduction  of  duties  shall  be  claimed  on  account  of  damage  which  any 
merchandise  shall  have  sustained  in  the  course  of  the  voyage;  and  in 
all  Crises  where  the  owner,  importer,  consignee,  or  agent  shall  be  dissat- 
isfied with  such  api)raisement,  he  shall  be  entitled  to  the  privileges  of 
appeal  as  provided  for  in  this  Title. 

Sec.  2929.  The  principal  appraisers  shall  revise  and  correct  the  report 
of  the  assistant  ai)praisers  as  they  may  judge  proper,  and  report  to  the 
collector  their  decision  thereon.  If  the  collector  deems  any  appraise- 
ment of  goods  too  low,  he  may  order  a  re-appraisement,  either  by  the 
principal  appraisers,  or  by  three  merchants  designated  by  him  for  that 
purpose,  who  shall  be  citizens  of  the  United  States;  and  may  cause  the 
duties  to  be  charged  accordingly. 

Sec.  2930.  If  the  iniporter,  owner,  agent,  or  consignee,  of  any  mer- 
chandise shall  be  dissatisfied  with  the  appraisement,  and  shall  have 
complied  with  the  foregoing  requisitions,*  he  may  forthwith  give  notice 
to  the  (collector,  in  writing,  of  such  dissatisfaction ;  on  the  receipt  of 
which  the  collector  shall  select  one  discreet  and  experienced  t  merchant 
to  be  associated  with  one  of  the  general  appraisers  wherever  practica- 
ble, or  two  discreet  and  experienced  t  merchants,  citizens  of  the  United 
States,  familiar  with  the  character  and  value  of  the  goods  in  question, 
to  examine  and  appraise  the  same,  agreeably  to  the  foregoing  provis- 
ions; and  if  they  shall  disagree,  the  collector  shall  decide  between  them; 
and  the  appraisement  thus  determined  shall  be  final  and  be  deemed  to 
be  the  true  value,  and  the  duties  shall  be  levied  thereon  accordingly. 

Sec.  2931.  On  the  entry  of  any  vessel,  or  of  any  merchandise,  the 
decision  of  the  collector  of  customs  at  the  port  of  importation  and  entry, 
as  to  the  rate  and  amount  of  duties  to  be  paid  on  the  tonnage  of  such 
vessel  or  on  such  merchandise,  and  the  dutiable  costs  and  charges 
thereon,  shall  be  final  and  conclusive  against  all  ])ersons  interested 
therein,  unless  the  owner,  master,  commander,  or  consignee  of  such  ves- 
sel, in  the  case  of  duties  levied  on  tonnage,  or  the  owner,  importer,  con- 
signee, or  agent  of  the  merchandise,  in  the  case  of  duties  levied  on  mer- 
chandise, or  the  costs  and  charges  thereon,  shall,  within  ten  days  after 
the  ascertainment  and  liquidation  of  the  duties  by  the  proi)er  officers  of 
the  customs,  as  well  in  cases  of  merchandise  entered  in  bond  as  for  con- 
suuiptiou,  give  notice  in  writing  to  the  collector  on  each  entry,  if  dissat- 
isfied with  his  decision,  setting  forth  therein,  distinctly  and  specifically, 
the  grounds  of  his  objection  thereto,  and  shall  within  thirty  days  after 
the  date  of  such  ascertainment  and  liquidation,  appeal  therefrom  to  the 
Secretary  of  the  Treasury.  The  decision  of  the  Secretary  on  such  ap- 
peal shall  be  final  and  conclusive;  and  such  vessel,  or  merchandise,  or 
costs  and  charges,  shall  be  liable  to  duty  accordingly,  unless  suit  shall 
be  brought  within  ninety  days  after  the  decision  of  the  Secretary  of  the 
Treasury  on  such  appeal  for  any  duties  which  shall  have  been  paid  be- 
fore the  date  of  such  decision  on  such  vessel,  or  on  such  merchandise, 
or  costs  or  charges,  or  within  ninety''  days  after  the  ijayment  of  duties 
paid  after  the  decision  of  the  Secretary.  |  No  suit  shall  be  maintained 
in  any  court  for  the  recovery  of  any  duties  alleged  to  have  been  errone- 

*  See  sees.  2y>2  and  292:}. 

t  See  sec.  2945. 

t  See  sec.  3011-3014. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  371 

ously  or  illegally  exacted,  until  the  decision  of  the  Secretary  of  the 
Treasury  shall  have  been  first  had  on  such  appeal,  unless  the  decision 
of  the  Secretary  shall  be  delayed  more  than  ninety  days  from  the  date 
of  such  appeal  in  case  of  an  entry  at  any  port  east  of  the  Rocky  Mount- 
ains, or  more  than  five  months  in  case  of  an  entry  west  of  those  mount- 
ains. 

^  Sec.  2932.  The  decision  of  the  respective  collectors  of  customs  as  to  all 
fees,  charges,  and  exactions  of  whatever  character,  otiier  than  those  relat- 
ing to  the  rate  and  amount  of  duties  to  be  paid  on  the  tonnage  of  any  ves- 
sel, or  on  merchandise  and  the  dutiable  costs  and  charges  thereon, claimed 
by  tlieui  or  by  any  of  the  officers  under  them,  in  the  i)erformauce  of  their 
official  duty,'8hail  be  final  and  conclusive  against  all  persons  interested 
in  such  fees,  charges,  or  exactions,  unless  the  like  notice  that  an  appeal 
will  be  taken  from  such  decision  to  the  Secretary  of  the  Treasury  shall 
be  given  within  ten  days  from  the  making  of  such  decision,  and  unless 
such  appeal  shall  actually  be  taken  within  thirty  days  from  the  making 
of  such  decision ;  and  the  decision  of  the  Secretary  of  the  Treasury 
shall  be  fiiuil  and  conclusive  upon  the  matter  so  appealed,  unless  suit 
shall  be  brought  for  the  recovery  of  such  fees,  charges,  or  exactions, 
within  tbe  period  as  provided  for  in  the  i)receding  section  in  regard  to 
duties.  No  suit  shall  be  maintained  in  any  court  for  the  recovery  of  any 
such  fees,  costs,  and  charges,  alleged  to  have  been  erroneously  or  ille- 
gally exacted,  until  the  decision  of  the  Secretary  of  the  Treasury  shall 
have  been  first  had  on  such  appeal,  unless  such  decision  of  the  Secretary 
shall  be  delayed  more  than  ninety  days  from  the  date  of  such  appeal  in 
case  of  an  en\ry  at  any  port  east  of  the  Rocky  Mountains,  or  more  than 
five  months  in  case  ot  an  entry  west  of  those  mountains. 

Sec.  2933.  All  drugs,  medicines,  medicinal  preparations,  including 
medicinal  essential  oils  and  chemical  preparations,  used  wholly  or  in 
part  as  medicine,  imported  from  abroad,  shall,  before  passing  the  cus- 
tomhouse,  be  examined  and  appraised,  as  well  in  reference  to  their 
quality,  purity,  and  fitness  for  medical  purposes,  as  to  their  value  and 
identity  specified  in  the  invoice. 

Sec' 2934.  All  medicinal  preparations,  whether  chemical  or  otherwise, 
usually  imported  with  the  name  of  the  manufacturer,  shall  have  the  true 
name  of  the  manufacturer  and  the  place  where  they  are  prepared,  per- 
manently and  legibly  affixed  to  each  parcel  by  stamp,  label,  or  other- 
wise; and  all  medicinal  jireparations  imported  without  such  names  so 
affixed  shall  be  adjudged  to  be  forfeited. 

Sec.  2935.  If,  on  examination,  any  drugs,  medicines,  medicinal  prep- 
arations, whether  chemical  or  otherwise,  including  medicinal  essential 
oils,  are  found,  in  the  opinion  of  the  examiner,  to  l)e  so  far  adulterated, 
or  in  any  manner  deteriorated,  as  to  render  them  inferior  in  strength 
and  purity  to  the  standard  established  by  the  United  States,  Pklinburgh, 
London,  French,  and  German  pharmacopceias  and  dispensatories,  and 
thereby  improper,  unsafe,  or  dangerous  to  be  used  for  medicinal  pur- 
poses, a  return  to  that  effect  shall  be  made  upon  the  invoice,  and  the 
articles  so  noted  shall  not  pass  the  custom  house,  unless,  on  a  re-exami- 
nation of  a  strictly  analytical  character,  called  for  by  the  owner  or  con- 
signee, the  return  of  the  examiner  shall  be  found  erroneous,  and  it  is 
declared  as  the  result  of  such  analysis,  that  the  articles  may  properly, 
safely,  and  without  danger,  be  used  for  medicinal  puri)oses. 

Sec.  293G.  The  owner  or  consignee  shall  at  all  times,  when  dissatisfied 
with  the  examiner's  return,  have  the  privilege  of  calliuir,  at  his  own 

$  See  sec.  30l2f-3014. 


372  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

expense,  for  a  re-examinatiou ;  aud  the  collector,  upon  receiving  a 
deposit  of  such  sum  as  he  may  deem  sufficient  to  defray  such  expense, 
shall  procure  some  competent  analytical  chemist  possessing  the  confi- 
dence of  the  medical  profession,  as  well  as  of  the  colleges  of  medicine 
and  pharmacy,  if  any  such  institutions  exist  in  the  State  in  which  the 
collection-district  is  situated, [to  make]*  acareful  analj^sis  of  the  articles  in- 
cluded in  the  return,  and  a  report  upon  the  sameunder  oath,  Jn  case  this 
report,  which  shall  be  final,  shall  declare  the  return  of  the  examiner 
to  be  erroneous,  and  the  articles  to  be  of  the  requisite  strength  and 
purity,  according  to  the  standards  referred  to  in  the  next  preceding 
section,  the  entire  invoice  shall  be  passed  without  reservation,  on  pay- 
ment of  the  customary  duties. 

Sec,  2937.  If  the  examiner's  return,  however,  shall  be  sustained  by 
the  aualj^sis  and  report,  the  articles  shall  remain  in  charge  of  the  col- 
lector, and  the  owner  or  consignee,  on  payment  of  the  charges  of 
storage,  and  other  expenses  necessarily  incurred  by  the  United  States, 
and  on  giving  a  bond  with  sureties  satisfactory  to  the  collector  to  land 
the  articles  out  of  the  limits  of  the  United  States,  shall  have  the  privi- 
lege of  re-exporting  them  at  any  time  within  the  period  of  six  months 
after  the  report  of  the  analysis ;  but  if  the  articles  shall  not  be  sent 
out  of  the  United  States  within  the  time  specified,  the  collector,  at  the 
exjjiration  of  that  time,  shall  cause  the  same  to  be  destroyed,  and  hold 
the  owner  or  consignee  responsible  to  the  United  States  for  the  pay- 
ment of  all  charges,  in  the  same  manner  as  if  the  articles  had  been  re- 
exported. 

t  Sec.  2938.  One  of  the  assistant  appraisers  at  the  port  of  Xew  York, 
to  be  appointed  with  special  reference  to  his  qualifications  for  such 
duties,  shall,  in  addition  to  the  duties  that  may  be  required  of  him  hj 
the  appraiser,  perform  the  duties  of  a  special  examiner  of  drugs,  medi- 
cines, chemicals,  and  so  forth. 

Sec.  2939.  The  collector  of  the  port  of  Xew  York  shall  not,  under 
any  circumstances,  direct  to  be  sent  for  examination  and  appraisement 
less  than  one  package  of  every  invoice,  and  one  package  at  least  out  of 
every  ten  packages  of  merchandise,  and  a  greatei- number  should  he,  or 
the  appraiser,  or  any  assistant  appraiser,  deem  it  necessary.  When  the 
Secretary  of  the  Treasury,  however,  from  the  character  and  description 
of  the  merchandise,  may  be  of  the  opinion  that  the  examination  of  a 
less  proportion  of  packages  will  ampl^-  protect  the  revenue,  he  may,  by 
special  regulation,  direct  a  less  number  of  ])ackages  to  be  examined. 

Sec.  2940.  The  Secretary  of  the  Treasury  may,  on  the  nomination  of 
the  appraiser,  appoint  such  number  of  examiners  at  the  port  of  !Xew 
York  as  the  Secretary  may  in  writing  determine  to  be  necessary,  to  aid 
each  of  the  assistant  appraisers  in  the  examination,  inspection,  and  ap- 
praisement of  merchandise.  No  person  shall  be  appointed  such  exami- 
ner who  is  not,  at  the  time  of  his  appointment,  practically  and  thoroughly 
acquainted  with  the  character,  quality,  and  value  of  the  article  in  the 
examination  and  appraisement  of  which  he  is  to  be  employed ;  nor  shall 
any  such  examiner  enter  upon  the  dischai'ge  of  his  duties,  assuch,  until 
he  sliall  have  taken  and  subscribed  an  oath  faithfully  and  diligently  to 
discharge  such  duties. 

Sec.  2941.  No  appraiser,  assistant  appraiser, examiner,  clerk,  verifier, 
sampler,  messenger,  or  other  person  employed  in  the  departments  of 
appraisal  at  the  port  of  New  York,  or  any  of  them,  shall  engage  or  be 


*  These  words  are  omitted  in  the  original  act.     (See  Act  of  Jnue  26,  1848,  chap.  70, 
stc.  4.) 

tSee  sees.  2611  and  2731. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  373 

mployed  in  any  commercial  or  mercantile  business,  or  act  as  agent  for 
any  person  engaged  in  such  business,  during  the  term  of  his  appoint- 
ment. 

Sec.  2942.  All  provisions  relating  to  the  duties  of  appraisers,  or  to 
any  proceedings  consequent  or  dependent  ui)on  the  action  of  such  ap- 
praisers and  not  inconsistent  with  the  provisions  relating  to  the  ap- 
praiser and  assistant  appraisers  at  the  port  of  New  York,  shall  be  con- 
strued to  apply  to  them. 

Sec.  2943.  One  of  the  assistant  appraisers  at  the  port  of  New  York 
shall  be  detailed  by  the  appraiser  for  the  supervision  of  the  depart- 
ment for  the  examination  of  merchandise  damaged  on  the  voyage  of  im- 
portation, and  as  far  as  practicable  to  make  examinations  and  appraisals 
of  such  or  any  other  merchandise  as  the  appraiser  may  direct,  and  in  all 
cases  truly  to  report  to  him  the  extent  of  such  damage,  or  the  true  value 
of  the  merchandise  appraised,  as  the  case  may  be,  according  to  law ; 
such  report  to  be  subject  to  revision,  correction,  and  approval  by  the 
appraiser,  and  to  be  transmitted  to  the  collector  in  the  same  manner  as 
other  appraisals. 

Sec.  2944.  If  at  any  time,  from  an  increase  of  importation,  or  from 
any  other  cause,  there  shall  be  found  upon  thefloors  of  the  public  stores 
in  the  city  of  New  York  an  accumulation  of  merchandise  awaiting 
appraisement,  the  appraiser  shall,  under  regulations  established  by  the 
Secretary  of  the  Treasury,  direct  the  assistant  appraisers,  and  others 
associated  with  them  in  this  branch  of  the  public  business,  to  devote 
time  beyond  the  usual  business  liours,  in  each  day,  during  daylight,  to 
their  resi)ective  duties,  so  that  the  business  of  appraisement  may  be 
faithfully  and  more  promptly  dispatched. 

*  Sec.  2945.  Any  merchant  who  shall  be  chosen  by  the  collector  to 
make  any  appraisement  required  under  any  act  respecting  imports  and 
tonnage,'and  who  shall,  after  due  notice  of  such  choice  has  been  given 
to  him  in  writing,  decline  or  neglect  to  assist  at  such  appraisement, 
shall  be  subject  to  a  penalty  of  not  more  than  fifty  dollars,  and  to  the 
costs  of  prosecution  therefor. 

t  Sec.  294G.  Wiien  merchandise  is  entered  at  ports  where  there  are  no 
appraisers,  the  mode  hereinbefore  prescribed  of  ascertaining  the  foreign 
value  thereof  shall  be  carefully  observed  by  the  revenue  officers  to  whom 
is  committed  the  estimating  and  collection  of  duties. 

Sec.  2947.  The  Secretary  of  the  Treasury  shall  have  authority  to  direct 
the  appraisers  for  any  collection-district  to  attend  in  any  other  collection- 
district  for  the  purpose  of  appraising  any  merchandise  imported  therein. 

Sec.  2948.  No  portion  of  the  additional  duties  provided  by  this  Title 
shall  be  deemed  a:)ne,  penalty,  or  forfeiture,  for  the  purpose  of  being 
distributed  to  any  officer  of  the  customs,  but  the  whole  amount  thereof, 
when  received,  shall  be  paid  directly  into  the  Treasury. 

t  Sec.  2949.  The  Secretary  of  the  Treasury  from  time  to  time  shall 
establish  such  rules  and  regulations,  not  inconsistent  with  the  laws  of 
the  United  States,  to  secure  a  just,  faithful,  and  impartial  appraisal  of 
all  merchandise  imported  into  the  United  States,  and  just  and  proper 
entries  of  such  actual  market-value  or  wholesale  price  thereof,  and  of 
the  square  yards,  parcels,  or  other  quantities,  as  the  case  may  require, 
and  of  such  actual  market-value  or  wiiolesale  price  of  each  of  them.  The 
Secretary  of  the  Treasury  shall  report  all  such  rules  and  regulations, 
with  the  reasons  therefor,  to  the  then  next  session  of  Congress. 

*  Compare  sec,  2610.     (See  also  sees.  2609  and  29:?0.) 

t  See  sec.  2609. 

J  See  sec.  252  for  conipaiisou  with  tins  section. 


374       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

Sec.  2950.  The  certificate  of  any  oue  of  the  appraisers  of  the  dutiable 
vahie  of  any  imported  merchandise  required  to  be  appraised,  shall  be 
deemed  to  be  the  appraisement  of  such  merchandise  required  by  law  to 
be  made  by  such  appraisers.  Where  merchandise  shall  be  entered  at 
ports  where  there  are  no  appraisers,  the  certificate  of  the  revenue  officer 
to  whom  is  committed  the  estimatihg  and  collection  of  duties  of  the 
dutiable  value  of  any  merchandise  required  to  be  appraised,  shall  be 
deemed  and  taken  to  be  the  appraisement  of  such  mejchandise  required 
by  law  to  be  made  by  such  officer. 

^  Sec.  2951.  Wherever  the  word  "  ton  "  is  used  in  this  chapter,  in  refer- 
ence to  weight,  it  shall  be  construed  as  meaning  twenty  hundred- weight, 
each  hundred-weight  being  one  hundred  and  twelve  pounds  avoirdupois. 

Sec.  2952.  The  words  "  value"  and  '< valued,"  usod  in  this  chapter, 
shall  be  construed  as  meaning  the  true  market-value  of  merchandise  in 
the  principal  markets  of  the  country  from  whence  exported  at  the  date 
of  exportation. 

Sec.  2953.  Nothing  herein  contained  shall  be  construed  to  prevent  the 
leasing  or  hiring  of  such  buildings  oraccommodationsasmay  be  required 
for  the  use  of  the  United  States  appraisers  for  the  due  examination  and 
appraisal  of  imported  merchandise  at  the  ports  where  such  officers  are 
provided  by  law,  nor  to  prohibit  the  leasing  or  hiring  by  collectors  of 
the  customs,  for  short  periods,  with  the  approval  of  the  Secretary  of  the 
Treasury,  of  such  stores  as  may  be  required  for  customhouse  purposes 
at  anj"  of  the  smaller  revenue  ports  of  the  United  States. 


the   bond    and   warehouse   SYSTEM.* 
(Revised  Statutes,  chap.  7.) 

Sec.  2954.  The  Secretary  of  the  Treasury  may,  at  his  discretion,  lease 
such  warehouses  as  he  deems  necessary  for  the  storage  of  unclaimed 
goods,  or  goods  which  for  any  other  reason  are  required  by  law  to  be 
stored  by  the  Government. 

Sec.  2955.  No  leases  shall  be  entered  into  by  the  United  States  for  any 
warehouses  for  the  storage  of  warehoused  or  unclaimed  merchandise 
at  any  port  where  there  may  exist  any  private  bonded  warehouses: 
Frovided,  That  such  buildings  may  be  leased  as  may  be  required  for  the 
use  of  appraisers  for  the  examination  and  ai)praisal  of  imported  mer- 
chandise at  ports  where  such  officers  are  provided  bylaw ;  and  collectors 
may  lease,  for  short  periods,  at  any  of  the  smaller  i)orts,  such  stores  as 
may  be  required  for  custom-house  purposes,  with  the  approval  of  the 
Secretary  of  the  Treasury. 

Sec.  2956.  All  warehouses  hired  by  the  collector,  naval  officer,  or 
surveyor,  shall  be  on  public  account,  and  paid  for  b\'  the  collector  as 
such,  and  shall  be  appropriated  exclusively  to  the  use  of  receiving 
foreigu  merchandise,  subject,  as  to  the  rates  of  storage,  to  regulation 
by  the  Secretary  of  the  Treasury. 

Sec.  2957.  No  collector  or  other  officer  of  the  customs  shall  enter 
into  any  contract  or  agreement  for  the  use  of  any  building  to  be  there- 
after erected  as  a  public  store  or  warehouse,  and  qo  lease  of  any 
building  to  be  so  used  shall  betaken  for  a  longer  period  than  three  years, 
nor  shall  rent  be  paid,  in  whole  or  in  part,  in  any  case,  in  advance. 

Sec.  2958.  Cellars  and  vaults  of  stores  for  the  storage  of  wines  and 

*  See  sees,  251,  2816-28:U,  and  3433-3434. 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       375 

distilled  spirits  onl}-,  aud  yards  for  the  stora<j;e  of  coal,  mahogauy,  aud 
other  woods  and  lumber,  may,  at  the  discretion  of  the  Secretary  of  the 
Treasury,  be  constituted  bonded  warehouses  for  the  storage  of  such 
articles  under  the  same  regulations  and  conditions  as  required  in  the 
storage  of  other  merchandise  ;  the  cellars  or  vaults  shall  be  exclusively 
appropriated  to  the  storage  of  wines  or  distilled  spirits,  and  shall  have 
no  opening  or  entrance  except  the  one  from  the  street,  on  which  sep- 
arate and  different  locks  of  the  custom-house  and  the  owner  or  pro- 
prietor of  the  cellars  or  vaults  shall  be  placed. 

Sec.  2950.  Parts  of  such  building  as  shall  be  approved  by  the  Sec- 
retary of  the  Treasury  may  be  boii'led  for  the  storage  of  grain,  under 
such  rules,  regulations,  and  conditions  as  he  may  prescribe  for  the 
security  of  the  revenue. 

Sec,  2960.  Private  warehouses  shall  be  used  solely  for  the  purpose 
of  storing  warehoused  merchandise,  and  shall  be  previously  approved 
by  the  Secretary  of  the  Treasury,  and  be  placed  in  charge  of  a  proper 
officer  of  the  customs,  who,  together  with  tbe  owner  and  proprietor  of 
the  warehouse,  shall  have  the  joint  custody  of  all  the  merchandise 
stored  in  the  warehouse:  and  all  the  labor  on  the  merchandise  so  stored 
must  be  j^erformed  l)y  the  owner  or  proprietor  of  the  warehouse,  under 
the  supervision  of  the  officer  of  the  customs  in  charge  of  the  same,  at 
the  ex[)ense  of  the  owner  or  proprietor. 

Sec.  29  ;i.  Before  any  of  the  stores  or  cellars,  owned  or  occupied  by 
private  individuals,  shall  be  used  as  a  warehouse  for  merchandise 
imported  by  other  merchants  or  imjjorters,  the  owner,  occupant,  or 
lessee  thereof,  shall  enter  into  bond,  in  such  sums  and  with  such  sure- 
ties as  may  be  approved  by  tbe  Secretary  of  the  Treasury,  exonerating 
and  holding  harmless  the  United  States  and  its  officers  from  or  on 
account  of  any  risk,  loss  or  expense  of  any  kind  or  description,  con- 
nected with  or  arising  from  the  deposit  or  keeping  of  the  merchandise 
in  the  warehouses;  and  all  imports  deposited  in  any  puV)lic  or  private 
warehouse  authorized  by  this  Title  shall  be  at  the  sole  aud  exclusive  risk 
and  expense  of  the  owner  or  imi)orter. 

Sec.  2902.  Any  merchandise  subject  to  duty,  with  the  exception  of 
perishable  articles,  also  gunpowder,  and  other  explosive  substances, 
except  fire-crackers,  which  shall  have  been  duly  entered  and  bonded  for 
warehousing,  in  conformity  with  existing  laws,  may  be  deposited,  at 
the  option  of  the  owner,  importer,  consignee,  or  agent,  at  his  expense 
and  risk,  in  any  i)ublic  warehouse  owned  or  leased  by  the  United  States, 
or  in  the  private  warehouse  of  the  importer,  the  same  being  used  ex- 
clusively for  the  storage  of  warehoused  merchandise  of  his  own  impor- 
tation or  to  his  consignment,  or  in  a  ])rivate  warehouse  used  by  the 
owner,  occupant,  or  lessee,  as  a  general  warehouse  for  the  storage  of 
warehoused  merchandise;  such  i)lace  of  storage  to  be  designated  on 
the  warehouse-entry  at  the  time  of  entering  such  merchandise  at  the 
custom  house. 

Sec.  2963.  When  merchaiulise,  imported  into  the  United  States,  has 
not  been  entered  in  pursuance  of  the  }>rovisions  of  any  act  regulating 
imports  and  tonnage,  the  same  shall  be  deposited  in  the  public  ware 
house,  and  shall  there  remain,  at  the  expense  aud  risk  of  the  owner 
until  such  invoice  is  produced.  Nothing  herein  contained  shall  be 
understood  to  prohibit  the  sale  of  such  quantities  of  merchandise  so 
stored  as  nmy  be  necessary  to  discharge  the  duties  thereon,  and  all  in- 
tervening charges,  at  the  time  or  times  when  such  duties  shall  become 
due  and  payable. 

Sec.  2964.  In  all  cases  of  failure  or  neglect  to  pay  the  duties  witlrn 


376       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

the  period  allowed  by  law  to  the  importer  to  make  eutry  thereof,  or 
whenever  the  owner,  importer,  or  consignee  shall  make  entry  for  ware- 
housing the  same,  in  writing,  in  such  form  and  supported  by  such  proof 
as  shall  be  prescribed  by  the  Secretary  of  the  Treasury,  the  merchan- 
dise shall  be  taken  possession  of  by  the  collector,  and  deposited  in  the 
public  stores,  or  in  other  stores  to  be  agreed  on  by  the  collector  or  chief 
revenue  officer  of  the  port,  and  the  importer,  owner,  or  consignee,  such 
stores  to  be  secured  under  the  joint  locks  of  the  inspector  and  importer, 
there  to  be  kept  with  due  and  reasonable  care,  at  the  charge  and  risk 
of  the  owner,  importer,  consignee,  or  agent,  and  subject  at  all  times  to 
their  order,  upon  payment  of  the  proper  duties  and  expenses,  to  be 
ascertained  on  due  entry  thereof  for  warehousing,  and  to  be  secured  by 
a  bond  of  the  owner,  importer,  or  consignee,  with  surety  to  the  satis- 
faction of  the  collector,  in  double  the  amount  of  the  duties,  and  in  such 
form  as  the  Secretary  of  the  Treasury  shall  prescribe. 

Sec.  2965.  Unclaimed  merchandise  required  by  existing  laws  to  be 
taken  possession  of  by  collectors  of  the  customs  may  be  stored  in  any 
public  warehouse  owned  or  leased  by  the  United  States,  or  in  any 
private  bonded  warehouse  authorized  by  this  Title,  and  all  charges  for 
storage,  labor,  and  other  expenses  accruing  on  any  such  merchandise, 
not  to  exceed  in  any  case  the  regular  rates  for  such  objects  at  the  port 
in  question,  must  be  paid  before  delivery  of  the  goods  on  due  entry 
thereof  by  the  claimant  or  owner;  or  if  sold  as  unclaimed  goods,  to 
realize  the  import  duties,  the  charges  shall  be  paid  by  the  collector  out 
of  the  proceeds  of  the  sale  thereof  before  paying  such  proceeds  into  the 
Treasury  as  required  by  existing  laws. 

Sec.  2966.  When  merchandise  shall  be  imported  into  any  port  of  the 
United  States  from  any  foreign  country  in  vessels,  and  it  shall  appear 
by  the  bills  of  lading  that  the  merchandise  so  imported  is  to  be  delivered 
immediately  after  the  entry  of  the  vessel,  the  collector  of  such  port  may 
take  possession  of  such  merchandise  and  deposit  the  same  in  bonded 
warehouse  ;  and  when  it  does  not  appear  by  the  bills  of  lading  that  the 
merchandise  so  imported  is  to  be  immediately  delivered,  the  collector 
of  the  customs  may  take  possession  of  the  same,  and  deposit  it  in 
bonded  warehouse,  at  the  request  of  the  owner,  master,  or  consignee 
of  the  vessel,  on  three  days'  notice  to  such  collector  after  theentry  of 

Sec.  2967.  Merchandise  imported  into  the  port  of  Louisville,  and  des- 
tined for  Jefferson ville,  may  be  landed  and  warehoused  at  Jefierson- 
ville,  under  tbe  custody  and  control  of  the  surveyor  of  the  port  of  Louis- 
ville. 

Sec.  2968.  The  Secretary  of  the  Treasury  may  extend  the  privileges 
of  the  provisions  relating  to  warehouses,  and  the  regulations  of  the 
Treasury  Department  relating  thereto,  to  the  port  of  Albany. 

Sec.  2969.  All  merchandise  of  which  the  collector  shall  take  posses- 
sion under  the  provisions  relating  to  the  time  for  the  discharge  of  a 
vessel's  cargo  shall  be  kept  with  due  and  reasonable  care  at  the  charge 
and  risk  of  the  owner. 

Sec.  2970.  Any  njerchandise  deposited  in  bond  in  any  public  or  pri- 
vate bonded  warehouse  may  be  withdrawji  for  consumption  within  one 
year  from  the  date  of  original  importation  on  payment  of  the  duties  and 
charges  to  which  it  may  be  subject  by  law  at  the  time  of  such  with- 
drawal; and  after  the  expiration  of  one  year  from  the  date  of  original 
importation,  and  until  the  expiration  of  three  years  from  such  date,  any 
merchandise  in  bond  may  be  withdrawn  for  consumption  on  payment 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  377 

of  the  duties  assessed  ou  the  orio'iiial  entry  and  charges,  and  an  addi- 
tional duty  of  ten  per  centum  of  the  amount  of  such  duties  and  charges. 

Sec.  2971.  All  merchandise  which  may  be  deposited  in  public  store 
or  bonded  warehouse  may  be  withdrawn  by  the  owner  for  exportation 
to  foreign  countries ;  or  may  be  transshipped  to  any  port  of  the  Pacific 
or  western  coast  of  the  United  States  at  any  time  before  the  expiration 
of  three  years  from  the  date  of  original  importation;  such  goods  on 
arrival  at  a  Pacific  or  western  port  to  be  subject  to  the  same  rules  and 
regulations  as  if  originally  imported  there.  Any  goods  remaining  in 
public  store  or  bonded  warehouse  beyond  three  years  shall  be  regarded 
as  abandoned  to  the  Government,  and  sold  under  such  regulations  as 
the  Secretary  of  the  Treasury  may  prescribe,  and  the  proceeds  paid  into 
the  Treasury.  In  computing  this  period  of  three  years,  if  such  expor- 
tation or  transshipment  of  any  merchandise  shall,  either  for  the  whole 
or  any  part  of  the  term  of  three  years,  have  been  prevented  by  reason 
of  any  order  of  the  President,  the  time  during  which  such  exportation 
or  transshipment  of  such  merchandise  shall  have  been  so  ])revented 
shall  be  excluded  from  the  computation.  Merchandise  withdrawn  for 
exportation  shall  be  subject  only  to  the  payment  of  such  storage  and 
charges  as  may  be  due  thereon. 

Sec.  2972.  The  Secretary  of  the  Treasury,  in  case  of  any  sale  of  any 
merchandise  remaining  in  public  store  or  bonded  warehouse  beyond 
three  years,  may  pay  to  the  owner,  consignee,  or  agent  of  such  mer- 
chandise, the  proceeds  thereof,  after  deducting  duties,  charges,  and 
expenses,  in  conformity  with  the  provision  relating  to  the  sale  of  mer- 
chandise remaining  in  a  warehouse  for  more  than  one  year. 

Sec.  2973.  If  any  merchandise  shall  remain  in  public  store  beyond 
one  year,  without  payment  of  the  duties  and  charges  thereon,  except 
as  hereinbefore  })rovided,  then  such  merchandise  shall  be  appraised  by 
the  appraisers,  if  there  be  any  at  such  port,  and  if  none,  then  by  two 
merchants  to  be  designated  and  sworn  by  the  collector  for  that  purpose, 
and  sold  by  the  collector  at  public  auction,  on  due  public  notice  thereof 
being  first  given,  in  the  manner  and  for  the  time  to  be  prescribed  by  a 
general  regulation  of  the  Treasury  Department.  At  such  public  sale, 
distinct  printed  catalogues  descriptive  of  such  merchandise,  with  the 
appraised  value  affixed  thereto,  shall  be  distributed  among  the  persons 
present  at  such  sale.  A  reasonable  opportunity  shall  be  given  before 
such  sale,  to  persons  desirous  of  purchasing,  to  inspect  the  quality  of 
such  merchandise.  The  proceeds  of  such  sales,  after  deducting  the 
usual  rate  of  storage  at  the  port  in  question,  with  all  other  charges  and 
expenses,  including  duties,  shall  be  paid  over  to  the  owner,  importer, 
consignee,  or  agent,  and  proper  receipts  taken  for  the  same. 

Sec.  2974.  The  overplus,  if  any  there  be,  of  the  proceeds  of  such  sales, 
after  the  payment  of  storage,  charges,  expenses,  and  duties,  remaining 
unclain)ed  Ibr  the  space  of  ten  days  after  such  sales,  shall  be  paid  by 
the  collector  into  the  Treasury  of  tlie  United  States;  and  the  collector 
shall  transmit  to  the  Treasury  Department,  with  the  overplus,  a  copy 
of  the  inventory,  api)raisement,  and  account  of  sales,  specifying  the 
marks,  numbers,  and  descriptions  of  the  packages  sold,  their  contents, 
and  api)raised  value,  the  name  of  the  vesse.l  and  master  in  which,  and 
of  the  i)ort  whence,  it  was  imported,  and  the  time  when,  and  the  name 
of  the  i)erson  to  whom  such  merchandise  was  consigned  in  the  manifest, 
and  the  duties  and  charges  to  wliich  the  several  consignments  were  re- 
spectively subject ;  and  the  receipt  or  certificate  of  the  collector  shall 
exonerate  the  master  of  any  vessel  in  which  such  merchandivse  was  im- 
jiorted,  from  all  claim  of  the  owner  thereof,  who  shall,  nevertheless,  on 


578  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

due  proof  of  his  interest,  be  entitled  to  receive  from  the  Treasury  the 
amount  of  any  overplus  paid  into  the  same  under  the  provisions  of  this 
Title. 

Sec.  2975.  All  merchandise  of  a  perishable  nature,  and  all  gunpow- 
der and  explosive  substances,  except  fire-crackers,  deposited  in  any  pub- 
lic or  private  bonded  warehouse,  shall  be  sold  forthwith. 

Sec.  2976.  Any  collector  of  the  customs  is  authorized,  under  such  di- 
rections and  regulations  as  may  be  prescribed  by  the  Secretary  of  the 
Treasury,  to  sell,  upon  due  notice,  at  public  auction,  any  unclaimed 
merchandise  deposited  in  public  warehouse  whenever  the  same  may 
from  depreciation  in  value,  damage,  leakage,  or  other  cause,  in  the  opin- 
ion of  such  collector,  be  likely  to  prove  insufficient,  on  a  sale  thereof, 
to  pay  the  duties,  storage,  and  other  charges  if  suffered  to  remain  in 
public  store  for  the  period  allowed  by  law  in  the  case  of  unclaimed  mer- 
chandise. 

Sec.  2977.  Merchandise  ui)on  which  duties  have  been  paid  may  re- 
main in  warehouse  in  custody  of  the  officers  of  the  customs  at  the  ex- 
pense and  risk  of  the  owners  of  such  merchandise,  and  if  exported  di- 
rectly from  such  custody  to  a  foreign  country  within  three  years,  shall 
be  entitled  to  return  duties.  But  proper  evidence  of  such  merchandise 
having  been  landed  abroad  shall  be  furnished  to  the  collector  by  the 
importer,  and  one  per  centum  of  the  duties  shall  be  retained  by  the  Gov- 
ernment. 

*  Sec.  2978.  No  merchandise  subject  to  duty  shall  be  entered  for  draw- 
back, or  exported  for  drawback,  after  it  is  withdrawn  from  the  custody 
of  the  ofticers  of  the  customs,  except  as  provided  in  section  3025. 

Sec.  2979.  If  the  owner,  importer,  consignee,  or  agent  of  any  mer- 
chandise on  which  the  duties  have  not  been  paid,  shall  give  to  the  col- 
lector satisfactory  security  that  the  merchandise  shall  be  landed  out  of 
the  jurisdiction  of  the  IJnited  States,  in  the  manner  required  by  the 
laws  relating  to  exportations  for  the  benefit  of  drawback,  the  collector 
and  naval  officer,  if  any,  on  an  entry  to  re-ex[)ort  the  same,  shall,  upon 
payment  of  the  appropriate  expenses,  x>ermit  the  merchandise,  uuder 
the  inspect:ion  of  the  proper  ofiflcers,  to  be  shipped  without  the  payment 
of  any  duties  thereon. 

Sec.  2980.  No  merchandise  shall  be  withdrawn  from  any  warehouse 
in  which  it  may  be  deposited,  in  a  less  quantity  tlian  in  an  entire  pack- 
age, bale,  cask,  or  box,  unless  in  bulk  ;  nor  shall  merchandise  so  im- 
ported in  bulk  be  delivered,  except  in  the  whole  quantity  of  each  parcel, 
or  in  a  quantity  not  less  than  one  ton  weight,  unless  by  si)ecial  author- 
ity of  the  Secretary  of  the  Treasury. 

Sec.  2981.  Whenever  the  collector  or  other  chief  officer  of  the  cus- 
toms of  any  port  shall  be  notified  in  writing  bj^  the  owner  or  consignee 
of  any  vessel  or  vehicle,  arriving  from  any  foreign  port,  of  a  lien  for 
freight  on  any  merchandise  inii)orted  in  such  vessel  or  vehicle,  and  re- 
maining in  his  custody,  such  officer  may  refuse  the  delivery  of  such  mer- 
chandise from  any  public  or  bonded  warehouse,  or  other  place  in  which 
the  same  shall  be  dei)osited,  until  proof  to  his  satisfaction  shall  be  pro- 
duced that  the  freight  due  thereon  has  been  paid  or  secured  ;  but  the 
rights  of  the  United  States  shall  not  be  prejudiced  thereby,  nor  shall 
the  United  States  or  its  officers  be  in  any  manner  liable  for  losses  con- 
sequent upon  such  refusal  to  deliver.  If  merchandise  so  subject  to  a 
lien,  regarding  which  notice  has  been  filed,  shall  be  forfeited  to  the 
United  States  and  sokl,  the  freight  due  thereon  shall  be  paid  from  the 

*  See  sees.  3025  and  3036. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  379 

proceeds  of  such  sale  in  the  same  manner  as  other  charges  and  expenses 
authorized  by  law  to  be  i)aid  therefrom,  are  paid.  [Amended  by  sec. 
10,  act  Jnne"lO,  1880,  7>osf.| 

Sec.  2982.  The  privilege  of  purchasing  supplies  from  the  public  ware- 
houses duty  free,  shall  be  extended,  under  such  regulations  as  the  Sec- 
retary of  the  Treasury  shall  prescribe,  to  the  vessels  of  war  of  any  na- 
tion in  ports  of  tlie  United  States  which  may  reciprocate  such  privilege 
toward  the  vessels  of  war  of  the  United  States  in  its  ports. 

Sec.  2983.  In  no  case  shall  there  be  any  abatement  of  the  duties  or 
allowance  made  for  any  injury,  damage,  deterioration,  loss,  or  leakage 
sustained  by  any  merchandise,  while  deposited  in  any  public  or  private 
bonded  warehouse. 

Sec.  2981.  The  Secretarj^  of  the  Treasury  is  hereby  authorized,  upon 
production  of  satisfactory  proof  to  him  of  the  -AiituaX  indiifitn/  [injury]  or 
destruction,  in  whole  or  in  part,  of  any  merchandise,  by  accidental  tire, 
or  other  casualty,  while  the  same  remained  in  the  custody  of  the  officers 
of  the  customs  in  any  public  or  private  warehouse  under  bond,  or  in  the 
appraisers'  stores  undergoing  appraisal,  in  pursuance  of  law  or  regula- 
tions of  the  Treasury  Department,  or  while  in  transportation  under 
bond  from  the  port  of  entry  to  any  other  port  in  the  United  States,  or 
while  in  the  custody  of  the  officers  of  the  customs  iind  not  in  bond,  or 
while  within  the  limits  of  any  port  of  entry,  and  before  the  same  have 
been  landed  under  the  supervision  of  the  officers  of  the  customs,  to  abate 
or  refund,  as  the  case  may  be,  out  of  any  moneys  in  the  Treasury  not 
otherwise  appropriated,  the  amount  of  impost  duties  paid  or  accruing 
thereupon  ;  and  likewise  to  cancel  any  warehouse  bond  or  bonds,  or 
enter  satisfaction  thereon  in  whole  or  in  part,  as  the  case  may  be. 

Sec.  2985.  Any  person  convicted  of  altering,  defacing,  or  obliterating 
any  mark  which  has  been  placed  by  any  officer  of  the  revenue  on  any 
package  of  warehoused  merchandise  shall  be  liable  to  a  penalty  of  five 
hundred  dollars  for  every  such  offense. 

Sec.  2986.  If  any  importer  or  proprietor  of  any  warehoused  merchan- 
dise, or  any  person  in  his  employ,  shall,  by  any  contrivance,  fraudulently 
open  the  warehouse,  or  shall  gain  access  to  the  merchandise,  excei)t  in 
the  presence  of  the  proper  officer  of  the  customs,  acting  in  the  execution 
of  his  duty,  such  i-.nporter  or  proprietor  shall  be  liable  to  a  penalty  of 
one  thousand  dollars  for  every  such  offense. 

Sec.  2987.  If  any  warehoused  merchandise  shall  be  fraudulently  con- 
cealed in  or  removed  from  any  public  or  private  warehouse,  the  same 
shall  be  forfeited  to  the  United  States;  and  all  persons  convicted  of 
fraudulently  concealing  or  removing  such  mei-(;han(lise,  or  of  aiding 
or  abetting  such  concealment  or  removal,  shall  be  liable  to  the  same 
penalties  as  are  imposed  for  the  fraudulent  introduction  of  merchandise 
into  the  United  States. 

*  Sec.  2988.  The  collectors  of  the  several  ports  of  the  United  States 
shall  make  quarterly  reports  to  the  Secretary  of  the  Treasury,  according 
to  such  general  instructions  as  the  Secretary  may  give,  of  all  merchan- 
dise remaining  in  the  warehouses  of  their  respective  ports,  specifying 
the  quantity  and  descr  ption  of  the  same. 

Sec.  2989.  The  Secretary  of  the  Treasury  may  from  time  to  time  estab- 
lish such  rules  and  regulations,  not  inconsistent  with  law,  for  the  due 
execution  of  the  provisions  of  this  chapter  and  to  secure  a  just  ac- 
countability under  the  same,  as  he  may  deem  to  be  expedient  and 
necessary. 

*  See  sec.  2GG. 


380  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Sec.  2998.  Auy  person  maliciously  opening,  breaking-,  or  entering 
by  anv  means  whatever,  any  car,  vessel,  vehicle,  warehouse,  or  pack- 
age containing  any  such  merchandise  so  delivered  for  transportation,  or 
removing,  injuring,  breaking,  or  defacing  any  lock  or  seal  placed  upon 
such  car^  vessel,  vehicle,  warehouse,  or  package,  or  aiding,  abetting,  or 
encouraging  any  other  person  or  persons  so  to  remove,  break,  injure,  or 
deface  such  locks  or  seals,  or  to  open,  break,  or  enter  such  car,  vessel, 
or  vehicle,  with  intent  to  remove  or  cause  to  be  removed  unlawfully 
any  merchandise  therein,  or  in  any  manner  to  injure  or  defraud  the 
United  States  ;  and  any  person  receiving  any  merchandise  unlawfully 
removed  from  any  such  car,  vessel,  or  vehicle,  knowing  it  to  have  been 
so  unlawfully  removed,  shall  be  guilty  of  felony,  and  in  addition  to  any 
penalties  heretofore  prescribed  shall  be  punishable  by  imprisonment  for 
not  less  than  six  months  nor  more  than  two  years. 

Sec.  2999.  For  the  purpose  of  better  guarding  against  frauds  upon 
the  revenue  on  foreign  merchandise  transported  between  the  ports  of 
the  Atlantic  and  those  of  the  Pacific  overland  through  any  foreign  ter- 
ritory, the  Secretary  of  the  Treasury  may  appoint  special  sworn  agents 
as  inspectors  of  the  customs,  to  reside  in  such  foreign  territory  where 
such  merchandise  may  be  landed  or  embarked,  with  power  to  superintend 
the  landing  or  shipping  of  all  merchandise,  passing  coastwise  between 
the  ports  of  the  United  States  on  the  Pacific  and  the  Atlantic.  It  shall 
be  their  duty,  under  such  regulations  and  instructions  as  the  Secretary 
of  the  Treasury  may  prescribe,  to  guard  against  the  perpetration  of 
frauds  upon  the  revenue.  The  compensation  paid  to  such  inspectors 
shall  not  in  the  aggregate  exceed  five  thousand  dollars  per  annum. 

Sec.  3000.  Any  merchandise,  duly  entered  for  warehousing,  may  be 
withdrawn  under  bond,  without  payment  of  the  duties,  from  a  bonded 
warehouse  in  any  collection-district,  and  be  transported  to  a  bonded 
warehouse  in  any  other  collection-district,  and  rewarehoused  thereat ; 
and  any  such  merchandise  may  be  so  transported  to  its  destination  wholly 
by  land,  or  wholly  by  water,  or  partially  by  land  and  partially  by  water, 
over  such  routes  as  the  Secretary  of  the  Treasury  may  prescribe,  and 
may  likewise  be  conveyed  over  any  foreign  territory,  the  government 
of  which  may  have,  or  shall  by  treaty  stipulations  grant,  a  free  right  of 
way  over  such  territory.  And  the  Secretary  of  the  Treasury  is  hereby 
authorized  to  remit,  in  whole  or  in  part,  on  such  conditions  and  under 
such  regulations,  not  inconsistent  with  law,  as  he  may  prescribe,  the 
aduitional  duty  secured  by  the  bond  given  for  the  transportation  of 
merchandise  from  a  port  in  one  collection-district  to  a  port  in  another 
collection-district  i)rescribed  by  the  preceding  section:  Provided,  That 
it  shall  be  proved  to  the  satisfaction  of  the  Secretary  of  the  Treasury 
that  the  failure  to  transport  and  deliver  the  merchandise  aforesaid  ac- 
cording to  the  conditions  of  the  bonds  occurred  without  willful  neg- 
ligence or  fraudulent  intent  on  the  part  of  the  obligors. 

Sec.  3001.  The  Secretary  of  the  Treasury  shall  prescribe  the  form  of 
the  bond  to  be  given  for  the  transportation  of  merchandise  from  a  port 
in  one  collection-district  to  a  port  in  another  collection-district  as  pro- 
vided in  the  preceding  section;  also  the  time  for  such  delivery;  and  for 
a  failure  to  transport  and  deliver  within  the  time  limited  auy  such  bonded 
merchandise  to  the  collector  at  the  designated  port,  a  duty  of  double  the 
amount  to  which  such  merchandise  would  be  liable  shall  be  collected, 
which  duty  shall  be  secured  by  such  bond,  or  the  merchandise  may  be 
seized  antl  forfeited  for  such  failure,  and  any  steam  or  other  vessel,  or 
vehicle,  transporting  such  bonded  merchandise,  the  master,  owner,  or 
conductor  of  which  shall  fail  to  deliver  the  sanu'  to  the  collector  at  the 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  381 

designated  port,  shall  be  liable  to  seizure  and  forfeiture.  [And  the  Sec- 
retary of  the  Treasury  is  hereby  authorized  to  remit,  in  whole  or  in 
part,  on  such  conditions  and  under  such  regulations,  not  inconsistent 
with  law,  as  he  may  prescribe,  the  additional  duty  secured  by  the  bond 
given  lor  the  transportation  of  merchandise  from  a  port  in  one  collection- 
district  to  a  port  in  another  collection-district  prescribed  by  the  preced- 
ing section:  Provided,  That  it  shall  be  proved  to  the  satisfaction  of  the 
Secretary  of  the  Treasury  that  the  failure  to  transport  and  deliver  the 
merchandise  aforesaid  according  to  the  conditions  of  the  bonds  occurred 
without  willful  negligence  or  fraudulent  intent  on  the  part  of  the 
obligors.] 

Sec.  3002.  Any  imported  merchandise  in  the  original  packages  which 
shall  have  been  duly  entered  and  bonded,  in  pursuance  of  the  provisions 
relating  to  warehouses,  may  be  withdrawn  from  warehouse  for  immedi- 
ate exportation,  without  payment  of  duties,  to  Chihuahua,  in  Mexico,  by 
the  route  of  the  Arkansas  River,  through  Van  Buren,  or  by  the  route 
of  the  Red  River,  through  Fulton,  or  by  the  route  of  the  Missouri  River, 
through  Independence,  or  by  such  other  routes  as  may  be  designated  by 
the  Secretary  of  the  Treasury.  Any  imported  merchandise  duly  entered 
and  bonded  at  *  Brownsville,  in  tne  district  of  Brazos  de  Santiago,  or 
imported  and  bonded  at  any  other  port  of  the  United  States,  and  trans- 
ported thence  in  bond,  and  duly  rewarehoused  at  *  Brownsville,  may  be 
withdrawn  from  warehouse  for  immediate  exportation,  without  payment 
of  duties,  to  ports  and  places  in  Mexico,  by  land  or  water,  or  partly  by 
land  and  partly  by  water,  or  by  such  routes  as  may  be  designated  by 
the  Secretary  of  the  Treasury. 

Sec.  3003.  Any  imported  merchandise  duly  entered  and  bonded  in 
any  port  of  the  United  States  may  be  withdrawn  from  warehouse  with- 
out payment  of  duties,  for  immediate  exportation  for  San  Fernando,  Paso 
del  Norte,  and  Chihuahua,  in  Mexico,  through  the  port  of  Lavaca,  in 
the  collection-district  of  Saluria,  in  the  State  of  Texas,  and  be  trans- 
shipped inland,  thence  to  San  Antonio,  in  that  State,  and  from  the  lat- 
ter place  to  the  destinations  in  Mexico,  either  by  way  of  Eagle  Pass, 
the  Presidio  del  Xorte,  or  San  Elizario,  all  on  the  Rio  Grande;  and  the 
Secretary  of  the  Treasury  is  hereby  authorized  to  prescribe  such  regu- 
lations, not  inconsistent  with  law,  as  he  may  deem  proper  and  necessary, 
respecting  the  packing,  marking,  inspection,  proof  of  due  delivery  iit 
their  foreign  destinations  of  the  imports  authorized  by  this  and  the  fore- 
going section  to  be  exported  from  warehouse  to  ports  and  places  iu 
Mexico,  and  for  tlie  due  protection  in  other  respects  of  the  public 
revenue. 

Sec.  3004.  Imported  merchandise  duly  entered  and  bonded  at  a  port 
of  the  United  States,  and  withdrawn  from  warehouse  in  accordance  with 
existing  law,  for  exportation  for  San  Fernando,  Paso  del  Xorte,  and 
Chihuahua,  in  Mexico,  may  pass  through  Indianola,  the  port  of  entry 
for  the  district  of  Saluria,  in  Texas,  under  such  regulations  as  the  Sec- 
retary of  the  Treasury  sluill  prescribe,  as  well  as  through  the  port  of 
Lavaca, 

Sec.  300,j.  All  merchandise  arriving  at  the  ports  of  Xew  York,  Bos- 
ton, Portland  in  Maine,  or  any  other  port  specially  designated  by  the 
Secretary  of  the  Treasury,  and  destined  for  i)laces  in  the  adjacent  Brit- 
ish provinces,  or  arriving  at  the  port  of  *  Brownsville  in  Texas,  or  any 
other  port  specially  designated  by  the  Secretary  of  the  Treasury,  and 

'  Not  a  port.     (See  sec.  -^578,  subdivisiou  four;  also  Act  June  16, 1800,  chap.  124.) 
+  See  note  to  sec.  300*2. 


382  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

destined  fur  places  iu  the  republic  of  Mexico,  may  be  entered  at  the  cus- 
tom-houso,  and  conveyed,  in  transit,  through  the  territory  of  the  United 
States,  without  the  payment  of  duties,  under  such  regulations  as  the 
Secretary  of  the  Treasury  may  prescribe. 

Sec.  3006.  Imported  merchandise  in  bond,  or  duty  paid,  and  products 
or  manufactures  of  the  United  States,  may,  with  the  consent  of  the 
proper  authorities  of  the  British  provinces  or  republic  of  Mexico,  be 
transported  from  one  port  iu  the  United  States  to  another  port  therein, 
over  the  territory  of  such  provinces  or  republic,  by  such  routes,  and 
under  such  rules,' regulations,  and  conditions  as  the  Secretary  of  the 
Treasury  may  prescribe;  and  the  merchandise  so  transported  shall, 
U])on  ariival  in  the  United  States  from  such  provinces  or  republic,  be 
treated  in  regard  to  the  liability  to  or  exem])tion  from  duty,  or  tax,  as 
if  the  transportation  had  taken  place  entiiely  within  the  limits  of  the 
United  States. 

Sec.  3(>07.  Kailroad-cars  or  other  vehicles  laden  with  merchandise, 
sealed  by  a  customs  oflicer,  passing,  under  the  provisions  of  the  preced- 
ing section  and  the  regulations  of  the  Secretary  of  the  Treasury,  from 
one  port  in  the  United  States  to  another  therein,  through  foreign  con- 
tiguous territory,  shall  be  exempt  from  the  payment  of  any  fees  for  re- 
ceiving or  certifying  manifests  thereof. 

Sec.  3008.  No  merchandise  exported  to  Mexico  or  the  British  North 
American  Provinces  shall  be  voluntarily  landed  or  brought  into  the 
United  States;  and  any  so  lauded  or  brought  into  the  United  States 
shall  be  forfeited  ;  and  the  same  proceeding  shall  be  had  for  its  condem- 
nation, and  the  distribution  of  the  proceeds  of  the  sales,  as  in  other  cases 
of  forfeiture  of  merchandise  illegally  imported.  Every  })er»on  concerned 
iu  the  voluntary  landing  or  bringing  such  merchandise  into  ths  United 
States  shall  be^liable  to  a  penalty  of  four  hundred  dollars. 


PAYMENT. 

(Revised  Statutes,  chap.  8.) 

*  Sec.  3009.  All  duties  upon  imports  shall  be  collected  in  ready  money, 
and  shall  be  paid  in  coin  or  coin  certificates  or  in  United  States  notes, 
payable  on  demand,  authorized  to  be  issued  prior  to  the  twenty-fifth 
Iday  of  February,  one  thousand  eight  hundred  and  sixty-two,  and  by 
aw  receivable  in  payment  of  public  dues.    (See  act  February  28,  1878.J 

Sec.  30L0.  All  money  paid  to  any  collector  of  the  customs,  or  to  any 
person  acting  as  such,  for  unascertained  duties  or  for  duties  paid  under 
protest  against  the  rate  or  amount  of  duties  charged,  shall  be  placed  to 
the  credit  of  the  Treasurer  of  the  United  States,  and  shall  not  be  held 
by  the  collector,  or  person  acting  as  such,  to  await  any  ascertainment  of 
duties,  or  the  result  of  any  litigation  in  relation  to  the  rate  or  amount 
of  duty  legally  chargeable  and  collectible  in  any  case  where  money  is 
so  paid. 

f  Sec.  3011.  Any  person  who  shall  have  made  payment  under  protest 
and  in  order  to  obtain  possession  of  merchandise  imported  for  him,  to 
any  collector,  or  person  acting  as  collector,  of  any  money  as  duties, 
when  such  amount  of  duties  was  not,  or  was  not  wholly,  authorized  by 
law,  may  maintain  an  action  in  the  nature  of  an  action  at  law,  which 

*  See  sees.  254,  3048,  (last  clause,)  3473,  3694,  and  Title  XXXIX,  "Legal  Tender." 
i  See  sees.  2931  and  2932. 


NAVIGATION   LAWS    OF    THE    UNITED    STATES.  383 

shall  be  triable  by  jury,  to  ascertain  tbe  validity  of  such  demand  aud 
payment  of  duties,  and  to  recover  back  any  excess  so  paid,  lint  no 
recovery  shall  be  allowed  in  such  action  unless  a  j)rotest  and  appeal 
shall  have  been  taken  as  prescribed  in  section  twenty-nine  hundred  and 
thirty-one. 

*  Sec.  3012.  Xo  suit  shall  be  maintained  in  any  court  for  the  recovery 
of  duties  allejied  to  have  been  erroneously  or  illegally  exacted  by  col- 
lectors of  customs,  unless  the  plaintiff,  within  thirty  days  after  due  no- 
tice of  the  appearance  of  the  defendant,  either  in  person  or  by  attorney, 
serves  on  the  defendant  or  his  attorney  a  bill  of  particulars  of  the 
plaiutiti's  demand,  giving  the  name  of  the  importer  or  importers,  the 
description  of  the  mercbandise,  and  place  from  which  imported,  the 
name  of  the  vessel,  or  means  of  importation,  the  date  of  the  invoice, 
the  date  of  the  entry  at  the  custom-house,  the  precise  amount  of  duty 
claimed  to  have  been  exacted  in  excess,  the  date  of  payment  of  said  du- 
ties, the  day  and  year  on  which  protest  was  filed  against  the  exaction 
thereof,  the  date  of  appeal  thereon  to  the  Secretary  of  the  Treasury, 
and  date  of  decision,  if  any,  on  such  appeal.  And  if  a  bill  of  particu- 
lars, containing  all  the  above-mentioned  items,  be  not  served  as  afore- 
said, a  judgment  of  non  pros,  shall  be  rendered  against  the  i)laintifl:' or 
plaintiffs  in  said  action. 

*Sec.  3012i.  Whenever  it  shall  be  shown  to  the  satisfaction  of  the 
Secretary  of  the  Treasury  that,  in  any  case  of  unascertained  duties,  or 
duties  or  other  moneys  paid  under  protest  and  ajjpeal,  as  hereinbefore 
provided,  more  money  has  been  paid  to  the  collector,  or  person  acting 
as  such,  than  the  law  requires  should  have  been  paid,  the  Secretary  of 
the  Treasury  shall  draw  his  warrant  upon  the  Treasurer  in  favor  of  the 
person  entitled  to  the  overpayment,  directing  the  Treasurer  to  refund 
the  same  out  of  any  money  in  the  Treasury  not  otherwise  appropriated. 

*  Sec.  3013.  Whenever  it  shall  be  shown  to  the  satisfaction  of  the  Sec- 
retary of  the  Treasury  that  more  moneys  have  been  paid  to  the  collector 
of  customs,  or  others  acting  as  such,  than  the  law  requires,  and  the 
party  has  failed  to  comply  with  the  requirements  relating  to  appeals  to 
the  Secretary  of  the  Treasury,  and  the  Secretary  of  the  Treasury  shall 
be  satisfied  that  such  non-compliance  with  the  requirements  as  above 
stated  was  owing  to  circumstances  beyond  the  control  of  the  importer, 
consignee,  or  agent  making  such  payments,  he  may  draw  his  warrant 
upon  the  Treasurer  in  favor  of  the  person  entitled  to  the  overpayment, 
directing  the  Treasurer  to  refund  the  same  out  of  any  money  in  the 
Treasury  not  otherwise  appropriated. 

Sec.  3014.  In  all  proceedings  brought  by  the  United  States  in  any 
court  for  due  recovery  as  well  of  duties  upon  imports  alone  as  of  i)enal- 
ties  for  the  non-payment  thereof,  the  judgment  shall  recite  that  the 
same  is  rendered  for  duties,  and  such  judgnient,  interest,  and  costs  shall 
be  payable  in  the  coin  by  law  receivable  for  duties,  and  the  execution 
issued  on  such  judgment  shall  set  forth  that  the  recovery  is  for  duties, 
and  shall  require  the  marshal  to  satisfy  the  same  in  the  coin  by  law 
receivable  for  duties;  and  in  case  of  levy  u])on  andsaleof  the])roperty  of 
the  judgment  debtor,  the  marshal  shall  refuse  i)ayment  from  any  ])ur- 
chaser  at  such  sale  in  any  other  money  than  that  specified  in  the  execu- 
tion. 

*  See  sees.  2931  and  2932. 


384  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

DRAWBACK.* 
(Revised  Statutes,  chap.  9.) 

-  Sec.  3015.  A  drawback  of  duties,  as  prescribed  by  law,  shall  be  al- 
lowed and  paid  on  all  merchandise  imported  into  the  United  States,  in 
respect  to  all  such  merchandise  as  shall  be  exported  to  any  foreign  port 
other  than  the  dominions  of  any  foreign  state  immediately  adjoining  to 
the  United  States,  either  from  the  district  of  original  importation,  or 
from  certain  other  districts | ;  and  all  duties,  drawbacks,  and  allowances 
which  shall  be  payable,  or  allowable,  on  any  specific  quantity  of  mer- 
chandise, shall  be  deemed  to  apply  in  proportion  to  any  greater  or 
less  quantity,  except  as  herein  otherwise  provided. 

Sec.  3016.  No  merchandise  imported  shall  be  entitled  to  a  drawback 
of  the  duties  paid,  unless  the  duties  so  paid  shall  amount  to  fifty  dol- 
lars at  least ;  nor  unless  they  [it]  shall  be  exported  in  the  original  casks, 
cases,  chests,  boxes,  trunks,  or  other  packages  in  which  they  were  [it  was] 
imported,  withoutdiminution  or  change  of  the  articles  which  were  therein 
contained,  at  the  time  of  importation,  in  quantity,  quality,  or  value,  nec- 
essary or  unavoidable  wastage  or  damage  only  excepted. 

Sec.  3017.  No  drawback  of  tbe  duties  shall  be  allowed  on  merchan- 
dise entitled  to  debenture  under  existing  laws,  unless  such  merchandise 
shall  be  exported  from  the  United  States  within  three  years  from  the 
date  of  the  imi)ortatiou  of  the  same.  One  per  centum  on  the  amount 
of  all  drawbacks  allowed  shall  be  retained  for  the  use  of  the  United 
States  by  the  collectors  paying  such  drawbacks,  respectively. 

Sec.  3018.  All  drugs,  medicines,  and  chemical  preparations  entered 
for  exportation  and  deposited  in  warehouse  or  public  store,  may  be 
exported  by  the  owner  thereof  in  the  original  package,  or  otherwise, 
subject  to  such  regulations  as  shall  be  prescribed  by  the  Secretary  of 
the  Treasury. 

Sec.  3019.  There  shall  be  allowed  on  all  articles  wholly  manufactured 
of  materials  imported,  on  which  duties  have  been  paid[,]  when  exported, 
a  drawback  equal  in  amount  to  the  duty  paid  on  such  materials,  and 
no  more,  to  be  ascertained  uuder  such  regulations  as  shall  be  prescribed 
by  the  Seciretary  of  the  Treasury.  Ten  per  centum  on  the  amount 
of  al[lj  drawbacks  so  allowed  shall,  however,  be  retained  for  the  use 
of  the  United  States  by  the  collectors  paying  such  drawbacks  respect- 
ively. 

Sec.  3020.  Where  fire-arms,  scales,  balances,  shovels,  spades,  axes, 
hatchets,  hammers,  plows,  cultivators,  mowing-machines,  and  reapers, 
manufactured  with  stock  [s]  or  handles  made  of  wood  grown  in  the  United 
States,  are  exported  for  benefit  of  drawback  under  the  preceding 
section,  such  articles  shall  be  entitled  to  such  drawback  m  all  cases 
where  the  imported  material  exceeds  one-half  of  the  value  of  the  ma- 
terial used,  and/ where  cans,  manufactured  in  whole  or  in  part  of  im- 
ported material,  filled  with  products  grown  or  produced  in  the  United 
States,  are  exported  for  benefit  of  such  drawback,  the  same  shall,  in 
all  cases,  be  entitled  to  the  drawback  provided  for  in  the  preceding 
section  where  the  imported  material  used  in  the  manufacture  of  such 
cans  shall  equal  seventy  per  centum  of  the  value  of  all  material  used 
in  the  manufacture  thereof. 

Sec.  3021.  Railroad-iron,  partially  or  wholly  worn,  may  be  imported 
into  the  United  States  without  payment  of  duty,  under  bond  to  be  with- 

"  See  internal-revenue  drawback,  sees.  3329,  3330,  3386,  and  .3441-3443. 

t  See  sees.  2977  and  2978. 
X  See  sec.  3036. 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       385 

(Irawu  and  exported  after  saeh  railroad-iron  sball  have  been  repaired 
or  reinanutactured.  Tlie  Secretary  of  the  Treasury  is  hereby  authorized 
and  directed  to  prescribe  such  rules  and  regulations  as  may  be  neces- 
sary to  protect  the  revenue  against  fraud,  and  secure  the  identity, 
character,  and  weight  of  all  such  importations  when  again  withdrawn 
and  exported,  restricting  and  limiting  the  export  and  withdrawal  to 
the  same  port  of  entry  where  imported,  and  also  limiting  all  bonds 
to  a  period  of  time  of  not  more  of  than  six  months  from  the  date  of  the 
importation. 

Sec.  3022.  Imported  salt  in  bond  maybe  used  in  curing  lish,  taken 
by  vessels  licensed  to  engage  in  the  fisheries,  under  such  regulations 
as  the  Secretary  of  the  Treasury  shall  prescribe;  and  upon  proof  that 
the  salt  has  been  used  in  curing  fish,  the  duties  on  the  same  shall  be 
remitted. 

Sec.  3023.  Upon  all  merchandise  gaugeable  by  law,  hereafter  exported, 
upon  which  drawback  or  return  duty  is  allowed,  and  upon  all  merchan- 
dise gaugeable  by  law,  withdrawn  from  bonded  warehouses  for  export, 
there  shall  be  collected  by  the  collectors  of  the  several  ports  ten  cents 
per  cask. 

Sec.  3024.  Upon  all  weighable  articles  hereafter  exported,  upon 
which  a  drawback  or  return  duty  is  allowed,  and  upon  all  weighable 
merchandise  withdrawn  from  bonded  warehouses  for  export,  there  shall 
be  collected  by  the  collectors  of  the  several  ports  three  cents  per  hun- 
dred pounds,  to  be  determined  by  the  returns  of  the  weighers. 

*Sec.3025.  Noreturnof  the  dutiesshallbe  allowed  on  the  export  of  any 
merchandise  after  it  has  been  removed  from  the  custody  and  control  of 
the  Government,  except  in  the  cases  provided  in  sections  three  thousand 
and  nineteen,  three  thousand  and  twenty,  three  thousand  and  twenty- 
two,  and  three  thousand  and  twenty-six. 

Sec.  302G.  There  shall  be  a  drawback  on  foreign  saltpeter,  manufact- 
ured into  gunpowder  in  the  United  States  and  exported  therefrom, 
equal  in  amount  to  the  duty  paid  on  the  foreign  saltpeter  from  which  it 
shall  be  manufactured,  to  be  ascertained  under  such  regulations  as  shall 
be  prescribed  by  the  Secretary  of  the  Treasury,  and  no  more.  The 
word  "saltpeter"  as  used  in  this  section  shall  be  construed  to  mean  the 
element  of  niter,  so  used,  whether  it  be  the  nitrate  of  potash  or  the  nitrate 
of  soda.  Ten  per  centum  on  the  amount  of  drawbacks  so  allowed  shall, 
however,  be  retained  for  the  use  of  the  United  States  by  the- collectors 
paying  such  drawbacks  respectively. 

EC.  3027.  No  part  of  the  additional  or  discriminating  duty  imposed 
by  aw  on  merchandise  on  account  of  its  importation  in  foreign  vessels 
shall  be  allowed  to  be  drawback,  but  the  whole  shall  be  retained. 

Sec.  3028.  Where  articles  are  imported  in  bulk  they  shall  be  exported 
in  the  packages,  if  any,  in  which  they  were  landed  ;  for  which  purpose 
the  ofacer  delivering  the  same  shall  return  the  packages  they  may  be 
put  into,  if  any,  with  their  marks  and  numbers,  and  they  shall  not  be 
entitled  to  drawback,  unless  ex]»orted  in  such  packages,  which  shall  be 
deemed  the  packages  of  original  importation,  nor  unless  they  fully  agree 
with  the  return  made  by  the  officer. 

Sec.  3029.  It  shall  be  lawful  for  the  exporter  of  any  liquors  in  casks, 
or  any  unrefined  sugars,  to  fill  up  the  casks  or  packages  out  of  other 
casks'"  or  packages  included  in  the  same  original  importation,  or  into 
new  casks  or  packages  corresponding  therewith,  to  be  marked  and 
numbered  as  the  original  casks  or  packages,  in  case  the  original  casks 

~~  *  See  sec.  3036. 

H.  Mis.  391 25 


386  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

or  packages  shall,  in  the  opinion  of  the  officer  appointed  to  examine 
the  same,  be  so  injured  as  to  be  rendered  unfit  for  exportation,  and  in 
no  other  case.  The  filling-  up  or  change  of  package  must,  however,  be 
done  under  the  inspection  of  a  ])roper  officer,  api)ointed  for  that  purpose 
by  the  collector  and  naval  officer,  where  any,  of  the  port  from  which  such 
liquors  or  unrefined  sugars  are  intended  to  be  exported  ;  and  the  draw- 
back on  articles  so  filled  up,  or  of  whi(;h  the  packages  have  been  changed, 
shall  not  be  allowed  without  such  inspection. 

Sec.  3030.  When  the  owner,  importer,  consignee,  or  agent,  of  any 
merchandise  entitled  to  debenture,  may  wish  to  transfer  the  same  into 
packages,  other  than  those  in  which  the  merchandise  was  originally 
imported,  the  collector  of  the  port  where  the  same  may  be  shall  permit 
the  transfer  to  be  made,  if  necessary  for  the  safety  or  preservation 
thereof. 

Sec.  3031.  Due  notice  of  the  wish  to  make  such  transfer,  in  writing, 
setting  forth  sufficient  cause  for  the  transfer,  shall  be  given  to  the  col- 
lector^ who  shall  appoint  an  inspector  of  the  revenue  to  ascertain  if  the 
allegation  be  true,  and,  if  found  correct,  to  superintend  the  transfer, 
aud'to  cause  the  marks  and  numbers  upon  the  original  packages  to  be 
inscribed  upon  the  packages  into  which  the  merchandise  shall  be  trans- 
ferred. 

Sec.  3032.  Every  importer,  owner,  consignee,  agent,  or  exporter,  who 
shall  enter  merchandise  for  imi)ortation,  or  for  exportation,  or  trans- 
portation from  one  i)ort  to  another,  with  the  right  of  drawback,  shall 
deposit  with  the  collector  the  original  invoice  of  such  merchandise,  if 
not  before  deposited  with  the  collector,  and  in  that  case  an  authenti- 
cated copy  thereof,  to  be  filed  and  preserved  by  him  in  the  archives  of 
the  custom-house,  which  shall  be  signed  by  such  importer,  owner,  con- 
signee, agent,  or  exporter,  and  the  oath  to  be  made  on  the  entry  of  such 
merchandise  shall  be  annexed  thereto. 

Sec.  3033.  It  shall  be  the  duty  of  the  collector  to  cause  all  merchan- 
dise entered  for  re-exportation,  with  the  right  of  drawback,  to  be  in- 
spected, and  the  articles  thereof  compared  with  their  respective  invoices, 
before  a  permit  shall  be  given  for  lading  the  same;  and  where  the 
merchandise  so  entered  shall  be  found  not  to  agree  with  the  entry  it 
shall  be  forfeited. 

Sec.  3034.  All  merchandise,  subject  to  ad-valorem  duty,  and  intended 
for  exportation,  with  benefit  of  drawback,  which  shall  be  transported 
from  one  district  to  another,  shall  be  accompanied  by  a  copy  from  the 
invoice,  of  the  cost  thereof,  certified  by  the  collector  of  the  district  from 
which  it  may  have  been  last  reshipped,  which  certified  copy  shall  be 
produced  to  the  collector  of  the  district  from  Avhich  such  merchandise 
is  intended  to  be  exported ;  and  such  merchandise,  as  well  as  all  such 
merchandise  subject  to  ad-valorem  duty,  as  shall  be  exported  from  the 
district  into  which  it  may  have  been  originally  imported,  shall  be  in- 
spected by  the  appraisers  at  the  time  of  exportation,  in  the  same  man- 
ner as  on  the  importation  of  such  merchandise ;  and  if  the  same  is  found 
not  to  correspond  with  the  original  invoice,  the  merchandise  shall  be 
subject  to  forfeiture. 

Sec.  3035.  The  collector  shall  direct  the  surveyor,  where  any,  to  in- 
spect, or  cause  to  be  inspected,  the  merchandise  notified  for  exporta- 
tion, and  if  it  is  found  to  correspond  fully  with  the  notice  and  proof  con- 
cerning the  same,  the  collector,  together  with  the  naval  officer,  if  any, 
shall  grant  a  permit  for  lading  the  same  on  board  of  the  vessel  named 
in  such  notice  and  entry.  Such  lading  shall  be  performed  under  the  su- 
perintendence of  the  officer  by  whom  the  same  has  been  so  inspected;  and 


NAVIGATION   LAWS    OF    THE    UNITED    STATES.  387 

the  exporter  sbiill  make  oatli  that  the  uiercliaiulise,  so  uoticed  for  expor- 
tation, and  laden  on  board  .such  vessel,  previous  to  the  clearance  there- 
of, or  within  ten  days  after  such  clearance,  is  truly  intended  to  be  ex- 
l)orted  to  the  place  whereof  notice  has  been  given,  and  is  not  intended 
to  be  relauded  within  the  United  States;  otherwise  the  merchandise 
shall  not  be  entitled  to  the  benefit  of  drawback. 

Sec.  3036,  All  merchandise  imported  into  the  United  States,  the  du- 
ties on  which  have  been  paid,  or  secured  to  be  paid,  may  be  transported 
by  land,  or  partly  by  land  and  partly  by  water,  or  coastwise,  from  the 
district  into  which  it  was  imported  to  any  port  of  entry  and  exported 
from  such  i)ort  of  entry  with  the  benefit  of  drawback. 

Sec.  3037.  Whenever  the  exporter  eiiteriu.y-  any  merchandise,  for  the 
benefit  of  drawback,  shall  not  have  completed  such  entry,  by  taking  the 
oath  or  giving-  the  bond  required  by  the  existing  laws,  within  the  period 
prescribed  by  law,  but  shall  offer  to  complete  the  entry  after  the  expi- 
ration of  the  period,  the  Secretary  of  the  Treasury  may,  upon  applica- 
tion to  him  made,  by  the  exporter,  setting  forth  the  cause  of  his  omission, 
under  oath,  and  accompanied  by  a  statement  of  the  collector  of  all  the 
circumstances  attending  the  transaction  within  the  knowledge  of  such 
collector,  if  he  shall  be  satisfied  that  the  failure  to  complete  the  entry 
Avas  accidental,  without  any  intention  to  evade  the  law  or  defraud  the 
revenue,  direct  the  entry  to  be  completed,  aud  the  certificates  or  deben- 
tures, as  the  case  may  be,  to  issue  in  the  same  manner,  as  if  such  eutr^ 
had  been  completed  within  the  period  prescribed  by  the  existing  laws  of 
the  United  States. 

Sec,  3038.  All  debentures  shall  be  issued  and  made  payable  to  the 
original  importer  of  the  merchandise,  entered  for  exportation,  whenever 
the  same  shall  be  requested,  in  writing,  by  the  exporter,  and  not  other- 
wise. In  res])ect  to  any  merchandise,  on  which  the  duties  shall  have 
been  paid  prior  to  an  eutry  for  exportation,  the  debeuture  for  the  amount 
of  the  drawback  of  such  duties  shall  be  made  payable  in  fifteen  days,  to 
be  computed  from  the  time  of  signing  the  bond,  to  be  given  as  herein- 
after directed. 

Sec,  3030,  Whenever  payment  of  any  debenture  is  refused  by  the  col- 
lector of  the  district  where  it  was  granted,  for  a  longer  time  than  three 
days,  after  the  same  shall  have  become  payable,  such  refusal  to  be  proved 
in  the  same  manner  as  the  non-payment  of  a  bill  of  exchange,  the  pos- 
sessor or  assignee  of  such  debeuture  may  bring  suit  thereupon  against 
the  persou  to  whom  it  was  originally  granted  or  against  any  indorser 
thereof. 

Sec,  3040,  Debentures  shall  be  assignable  by  delivery  and  indorse 
ment  of  the  parties  who  may  receive  the  same. 

Sec.  3041,  Where  any  merchandise  is  exported  from  any  other  dis- 
trict than  the  one  into  which  it  was  originally  imported,  the  collector  of 
such  district,  togetiier  with  the  naval  officer  thereof,  where  there  is  one, 
shall  grant  to  the  exporter  a  certificate,  expressing  that  such  merchan- 
dise was  exi)orted  from  such  district,  with  the  marks,  numbers,  and  de- 
scriptions of  the  packages  and  their  contents,  the  names  of  the  master 
and  vessel  in  which  and  the  port  to  which  it  was  exported,  and  by  whom, 
aud  the  names  of  the  vessel  and  master  in  which  it  was  brought,  and 
by  whom  shipped  at  the  district  from  whence  it  came,  and  the  amount 
of  the  drawback  to  which  it  is  entitled.  Such  certificate  shall  entitle 
the  possessor  thereof  to  receive  from  the  collector  of  the  district  with 
whom  the  duties  on  the  merchandise  were  paid*  a  debenture  or  deben- 
tures, for  the  amount  of  the  drawback  expressed  in  the  certificate,  paya- 


388  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

ble  at  tbe  same  time,  and  in  like  manner  as  is  herein  directed  for  deben- 
tures on  mercbandivse  exported  from  the  port  of  original  importation. 

Sec.  3042.  The  collector  may  refnse  to  grant  such  debenture,  in  case 
it  shall  appear  to  hina  that  any  error  has  arisen,  or  any  fraud  has  been 
committed;  and  in  case  of  snch  refusal,  if  the  debeuture  claimed  shall 
exceed  one  hundred  dollars,  it  shall  be  the  duty  of  the  collector  to  rep- 
resent the  case  to  the  Secretary  of  the  Treasury,  who  shall  determine 
whether  snch  dc-benture  shall  be  granted  or  not.  In  no  case,  moreover, 
of  an  exportation  of  goods  shall  a  drawback  be  paid,  until  the  duties  on 
the  importtition  thereof  shall  have  been  first  received. 

Sec.  3043.  Before  the  receipt  of  any  debenture,  in  case  of  exportation 
from  tbe  district  of  original  importation,  and  in  case  of  exportation 
from  any  other  district  before  the  receipt  of  any  such  certificate,  as  is 
hereinbefore  required  to  be  granted,  the  person  applying  for  such  deben- 
ture or  certificate  shall,  previous  to  such  receipt,  and  before  the  clear- 
ance of  the  vessel  in  which  the  merchandise  was  laden  for  exportation, 
give  bond,  with  one  or  more  sureties,  to  the  satisfaction  of  the  collector, 
who  is  to  grant  such  debenture  or  certificate,  as  the  case  may  be,  in  a 
sum  equal  to  double  the  amount  of  th<'  sum  for  which  such  debeuture 
or  certificate  is  granted,  conditioned  that  snch  merchandise,  or  any  part 
thereof,  shall  not  be  relanded  in  any  port  within  the  limits  of  the  IJnited 
States,  and  that  the  exporter  shall  produce,  within  the  time  herein  lim- 
ited, the  ])roofs  and  certificates  required  of  such  merchandise  having 
been  delivered  without  such  limits. 

Sec.  3044.  All  bonds  which  may  be  given  for  any  merchandise  ex- 
ported from  the  United  States,  and  on  which  any  drawback  of  duties  or 
allowance  shall  be  payable,  in  virtue  of  such  exportation,  shall  and  may 
be  discharged,  and  not  otherwise,  by  producing  within  one  year  from 
the  date  thereof,  if  the  exportation  be  made  to  any  port  of  Europe  or 
America,  or  within  two  years,  if  made  to  any  part  of  At-ia  or  Africa,  a 
certificate  uuder  the  hand  of  the  consignee  at  the  foreign  port  to  whom 
the  merchandise  shall  have  been  addressed,  therein  particularly  setting 
forth  aud  describing  the  articles  so  exported,  their  marks,  numbers, 
description  of  ])ackages,  the  uumber  thereof,  aud  their  actual  contents, 
and  declaring  that  the  same  have  been  received  by  them  from  on  board 
the  vessel,  specifying  the  names  of  the  master  and  vessel  from  which 
they  were  so  received ;  and  where  such  merchandise  is  not  consigned 
or  addressed  to  any  particular  person  at  the  foreign  port  to  which  the 
vessel  is  destined,  or  may  arrive,  but  where  the  master,  or  other  person 
on  board  such  vessel  may  be  the  consignee  of  such  merchandise,  a  cer- 
tificate from  the  person  to  whom  such  merchandise  may  be  sold  or  deliv- 
ered, by  such  master  or  other  person,  shall  be  produced  to  the  same 
effect  as  that  required  if  the  peison  receiving  the  same  were  originally 
intended  to  be  the  consignee  thereof. 

Sec.  3045.  In  addition  to  such  certificate,  it  shall  be  necessary  to  pro- 
duce a  certificate  under  the  hand  and  seal  of  the  consul  or  agent  of  the 
United  States,  residing  at  the  place,  declaring  either  that  the  facts 
stated  in  the  certificate  of  such  consignee,  or  other  person,  are  to  his 
knowledge  true,  or  that  such  certificate  is  deserving  of  full  faith  and 
credit;  which  certificates  of  the  consignee,  or  other  person,  and  consul 
or  agent,  shall,  in  all  cases,  as  respects  the  landing  or  delivery  of  the 
merchandise,  be  confirmed  by  the  oath  of  the  master  and  mate,  if  living, 
or,  in  case  of  their  death,  by  the  oath  of  the  two  principal  surviving  ofti- 
cers  of  the  vessel  in  which  the  exportation  shall  be  made.  Where  there  is 
no  consul  or  agent  of  the  United  States  residing  at  the  place  of  deliv- 
ery, the  certificate  of  the  consignee,  or  other  person  hereinbefore  re- 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  589 

quired,  shall  be  confirmed  by  the  certificate  of  two  reputable  Americau 
merchants  residing  at  tlie  place, or  if  tlieie  are  uo  such  American  mer- 
chants, then  bv  the  certificate  of  two  rejiutable  foreion  merchants,  tes- 
tifying-that  the  several  facts  stated  in  such  consignee  or  other  person's 
certificate,  are,  to  their  knowledge,  just  and  true,  or  that  such  certificate 
is,  iu  their  opiuion,  worthy  of  full  tiiith  and  credit ;  and  such  certificate 
shall  also  be  supported  by  the  oath  of  the  nuister  and  mate,  or  other 
principal  officers  of  the  vessel,  in  manner  as  before  prescribed.  The 
oath  of  the  master  and  mate,  or  other  i)riucipal  ofiUcers,  shall,  iu  all 
cases,  when  taken  at  a  foreign  port,  be  takeu  and  subscribed  before  the 
consul  or  agent  of  the  United  States  residing  at  such  foreign  port,  if 
anv  such  consul  or  ageut  reside  thereat. 

Sec.  304G.  It  shall  be  lawful  for  the  consuls  or  agents  of  the  United 
States,  residing  at  the  foreign  ports,  to  demand  twenty-five  cents  for 
administering  each  oath  and  one  dollar  for  granting  each  certificate  re- 
quired by  the  preceding  section,  and  if  any  consul  or  ageut  shall  de- 
mand otiier  or  greater'fees  than  are  thus  allowed,  his  bond  shall  be 
forfeited. 

Sec.  3047.  In  cases  of  loss  by  sea,  or  by  capture  or  other  unavoidable 
accident,  or  when,  from  the  uature  of  the  trade,  the  proofs  and  certifi- 
cates before  required  are  not,  and  cannot  be,  procured,  the  exporter 
shall  be  allowed  to  adduce  to  the  collector  of  the  port  of  exportation 
such  other  i)roofs  as  they  [he]  may  have,  and  as  the  nature  of  the  case  will 
admit ;  which  ])roofs  shall,  with  a  statement  of  all  the  circumstances  at- 
tending the  tranaction  within  the  knowledge  of  such  collector,  be 
transinitted  to  the  Secretary  of  the  Treasury,  who  shall  have  power  to 
allow  a  further  reasonable  time  for  obtaining  such  inoofs ;  or  if  he  be 
satisfied  with  the  truth  and  validity  of  the  proofs  adduced,  to  direct  the 
bond  of  such  exporter  to  be  canceled.  If  the  amount  of  such  bond  shall 
not  exceed  the  i)enal  sum  of  two  hundred  dollars,  the  collector,  with  the 
naval  officer,  where  there  is  one,  and  alone,  when  there  is  none,  may, 
pursuant  to  such  rules  as  shall  be  prescribed  by  the  Secretary  of  the 
Treasury,  admit  such  proof  as  may  be  adduced  ;  and  if  they  deem  the 
same  satisfactory,  cancel  such  bond  accordingly. 

Sec.  3048.  So  much  money  as  may  be  necessary  for  the  payment  of 
debentures  or  drawbacks  and  allowances  which  may  be  authorized  and 
pavable,  is  hereby  appropriated  for  that  purpose  out  of  any  money  in 
the  Treasury,  to\)e  expended  under  the  <iirection  of  the  Secretary  of 
that  Department,  according  to  the  laws  authorizing  debentures  or  draw- 
backs and  allowances.  The  collectors  of  the  customs  shall  be  the  dis- 
bursing agents  to  i)ay  such  debentures,  <lrawbacks,  and  allowances. 
All  debenture  certificates  issued  according  to  law  shall  be  received  iu 
payment  of  duties  at  the  custom-liouse  where  the  san)e  have  been  issued, 
the  laws  regulating  drawbacks  having  been  complied  with. 

Sec.  304!».  U  any  merchandise  entered  for  exportation,  with  intent  to 
drawback  the  duties,  or  to  obtain  any  allowance  given  by  law  on  the 
exportation  thereof,  shall  be  landed  within  any  p(Ut  within  the  limitsof 
the  United  States,  all  such  merchandise  shall  be  subject  t(»  seizure 
and  forfeiture,  together  with  the  vessel  from  which  such  merchandise 
shall  be  landed,  and  the  vessels  or  boats  used  in  landing  the  same;  and 
all  personsconcerned  thereiushall,  upon  indictment  and  conviction  there- 
of, sutler  imiu'isonment  for  a  term  not  exceeding  six  months.  For  dis- 
covery of  frauds  and  seizure  of  merchandise  reianded  contrary  to  law, 
the  several  officers  established  by  this  Title  shall  have  the  same  powers, 
and,  in  case  of  seizure,  the  same  {)roceedings  shall  be  had,  as  in  the  case 
of  merchandise  imported  contrary  to  law. 


390  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Sec.  3050.  If  auy  merchandise,  of  whicli  entry  shall  have  been  made 
in  the  office  of  a  collector,  for  t\e  benefit  of  drawback  or  bounty  upon 
exportation,  shall  be  entered  by  a  false  denomination,  or  erroneously  as 
to  the  time  when  and  the  vessel  in  which  it  was  imported,  or  shall  be 
found  to  disagree  with  the  packages,  quantities,  or  qualities,  as  they 
were  at  the  time  of  original  iujportation,  except  such  disagreement  as 
may  have  been  occasioned  by  necessary  or  unavoidable  wastage  or  dam- 
age only,  and  except  also  in  cases  where  permission  shall  have  been 
obtained  acccording  to  law  to  alter  or  change  the  quantities  or  packages 
thereof,  all  such  merchandise,  or  the  value  thereof  to  be  recovered  of 
the  owner  or  person  making  such  entry,  shall  be  forfeited,  and  the  per- 
son making  such  false  entry  shall  also  forfeit  a  sum  equal  to  the  value 
of  the  articles  mentioned  or  described  in  such  enti\v. 

Sec.  3051 .  ISTo  forfeiture  shall  be  incurred  under  the  preceding  section 
if  it  shall  be  made  to  appear  to  the  satisfaction  of  the  collector  and 
naval  officer  ot  the  district,  if  there  be  a  naval  officer,  and  if  there  be  no 
naval  officer,  to  the  satisfaction  of  the  collector,or  of  the  court  iu  which 
a  prosecution  for  the  forfeiture  shall  be  had,  that  such  false  denomina- 
tion, error,  or  disagreement  happened  by  mistake  or  accident,  and  not 
from  any  intention  to  defraud  the  revenue. 

Sec.  3052.  Noneof  the  ])rovisionsof  this  Title  shall  operate  to  prevent 
the  exportation  of  bonded  merchandise  from  warehouse  within  three 
years  from  the  date  of  original  importation,  nor  its  transportation  in 
bond  from  the  i)ort  into  which  it  was  originally  imported  to  any  other 
port  for  the  jturpose  of  exi)ortation. 

Sec.  .3053.  Auy  merchandise  imported  from  the  British  North  Ameri- 
can ])r()vincos  adjoining  the  United  States,  which  shall  have  been  duly 
entered  and  the  duties  thereon  paid  or  secured  according  to  law  at 
either  of  the  ports  of  entry  in  the  collection  districts  situated  on  the 
northern,  northeastern,  and  northwestern  frontiers  of  the  United  States, 
may  be  transported  by  land  or  by  water,  or  parti}'  by  laud  and  partly 
by  water,  to  any  port  or  ports  from  which  merchandise  may  be  exjjorted 
for  benefit  of  drawback,  and  be  thence  exported  with  such  privilege  to 
any  foieign  country.  Ihe  laws  relating  to  the  transportation  of  mer- 
chandise entitled  to  drawback,  and  the  due  exportation  and  i)roof  of 
landing  thereof,  and  all  regulations  which  the  Secretary  of  the  Treasury 
may  prescribe  for  the  security  of  the  revenue,  must  however,  be  com- 
j)lied  with. 

Sec.  3054.  Any  imported  merchandise,  in  the  original  i)ackages,  which 
shall  have  been  duly  entered  and  warehoused  in  pursuance  of  the  pro- 
visions relating  to  warehouses,  may  be  exported  therefrom  in  conformity 
with  law,  and  be  transported,  in  the  manner  indicated,  to  i)orts  in  the 
adjoining  British  provinces,  and  become  entitled  to  the  benefits  of  those 
provisions. 

Sec.  3055.  Merchandiseimported  into  the  United  States  and  exported 
from  the  port  of  Lake  Pontchaitrain  shall  be  entitled  to  the  briietit  of  a 
drawback  of  the  duties  upon  exportation  to  any  foreign  port,  under  the  , 
same  provisions,  regulations,  restrictions,  and  limitations,  as  if  such 
merchandise  had  been  exported  directly  from  New  Orleans  by  way  of 
the  Mississippi  Eiver. 

Sec.  305(5.  Any  imported  merchandise  which  has  been  entered,  and  the 
duties  paid  or  secured  according  to  law,  for  drawback,  may  be  exported 
to  the  Britiisii  North  American  i)rovinces  adjoining  the  United  States. 

Sec.  3057.  The  Secretary  of  the  Treasury  is  hereby  further  authorized 
to  prescribe  such  rules  and  regulations,  not  inconsistent  with  the  laws 
of  the  United  States,  as  he  may  deem  necessary  to  carry  into  effect  the 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       391 

provisions  of  the  laws  relating;  to  drawbacks,  and  to  prevent  the  illejial 
re-iniportatiou  of  any  merchandise  which  shall  have  been  exported  as 
herein  provided. 


ENFORCEMENT   OF  DUTY   LAWS  AND   PUNISH3IENT   FOR  VIOLATIONS.* 
(Kevised  Statutes,  chap.  10.) 

Sec.  305S.  All  merchandise  imported  into  the  United  States  shall,  for 
the  purpose  of  this  Title,  be  deemed  and  held  to  be  the  property  of  the 
person  to  whom  the  merchandise  may  be  consigtied,  any  sale,  transfer, 
or  assignment,  prior  to  the  entry  and  payment  of  the  tlnties  on  such 
merchandise,  and  the  payment  of  all  bonds  then  due  and  unsatisfied  by 
the  consi<4nee,  to  the  contrary  notwithstanding. 

t  Sec.  3059.  It  shall  be  lawful  for  any  ofiicer  of  the  customs,  including 
inspectors  and  occasional  inspectors,  or  of  a  revenue-cutter,  or  author- 
ized agent  of  the  Treasury  Department,  or  other  person  specially  ap- 
pointed for  the  purpose  in  writing  by  a  collector,  naval  officer,  or  sur- 
veyor, to  go  on  board  of  any  vessel,  as  well  without  as  within  his  dis- 
trict, and  to  inspect,  search,  and  examine  the  same,  and  any  person, 
trunk,  or  envelope  on  board,  and  to  this  end  to  hail  and  stop  such  ves- 
sel if  under  way,  and'to  use  all  necessary  force  to  compel  compliance; 
and  if  it  shall  appear  that  au3'  breach  or  violation  of  the  laws  of  the 
United  States  has  been  committed,  whereby  or  in  consequence  of  which 
such  vessel,  or  the  merchandise,  or  any  part  thereof,  on  board  of  or  im- 
ported by  such  vessel,  is  liable  to  forfeiture,  to  make  seizure  of  the  same, 
or  either  or  any  part  thereof,  and  to  arrest,  or  in  case  of  escape,  or  any 
attempt  to  esca])e,  to  pursue  and  arrest  any  person  engaged  in  such 
breach  or  violation. 

Sec.  3060.  The  original  appointment  in  writing  of  any  person  specially 
appointed  under  the  provisu)us  of  the  previous  section  shall  be  filed  in 
the  custom-house  where  such  appointment  is  made. 

t  Sec. 3061.  Any  of  the  officers  or  persons  authorized  to  board  or  search 
vessels  may  stop,  search,  and  examine,  as  well  without  as  within  their 
respective  district,  any  vehicle,  beast,  or  person,  ou  which  or  whom  he 
or  they  shall  sus{)ect  there  is  merchandise  which  is  subject  to  duty,  or 
shall  have  been  introduced  into  the  United  States  in  any  manner  con- 
trary to  law,  whether  by  the  person  in  possession  or  charge,  or  by,  in, 
or  upon  such  vehicle  or  beast,  or  otherwise,  and  to  search  any  trunk  or 
envelope,  wherever  found,  in  \vhich  he  uniy  have  a  reasonable  cause  to 
suspect  there  is  merchandise  wliich  was  imported  contrary  to  law;  and 
if  any  such  officer  or  other  person  so  authorized  shall  find  any  merchan- 
dise on  or  about  any  such  vehicle,  beast,  or  person,  or  in  any  such  trunk 
or  envelope,  which  he  shall  have  reasonable  cause  to  believe  is  subject 
to  duty,  or  to  have  been  unlawfully  introduced  into  the  United  States, 
whether  by  the  person  in  possession  or  charge,  or  by,  in,  or  upon  such 
Vehicle,  beast,  or  otherwise,  he  shall  seize  and  secure  the  same  for  trial. 

Sec.  30613.  Every  such  vehicle  and  beast,  or  either,  together  with 
teams  or  other  motive-power  used  in  conveying,  drawing,  or  propelling 
such  vehicle  or  merchandise,  and  all  other  appurtenances,  including 
trunks,  envelopes,  covers,  and  all  means  of  concealment,  and  all  the 
equipage,  tra[)pings,  and  other  appurtenances  of  such  beast,  team,  or 
vehicle,  shall  be  subject  to  seizure  and  forfeiture.     If  any  person  who 

*  See  sees.  3369,  3374, 3377, 3395,  and  3402. 
t  See  sec.  5447. 


392  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

may  be  driving  or  conducting,  or  in  cliarge  of  any  such  carriage  or 
vehicle  or  beast,  or  any  person  traveling,  shall  willfully  refuse  to  stop 
and  allow  seaich  and  examination  to  be  made  as  herein  provided,  when 
required  so  to  do  by  any  authorized  person,  he  shall  be  punishable  by  a 
fine  of  not  more  than  one  thousand  dollars,  nor  less  than  fifty  dollars. 

Sec.  3063.  jS^o  railway-car  or  engine  or  other  vehicle,  or  team,  used  by 
any  person  or  corporation,  as  common  carriers,  in  the  transaction  of 
their  business  as  such  common  carriers,  shall  be  subject  to  forfeiture  by 
force  of  the  provisions  of  this  Title  unless  it  shall  appear  that  the  owner, 
superintendent,  or  agent  of  the  owner  in  charge  thereof  at  the  time  of 
such  unlawful  importation  or  transportation  thereon  or  thereby  was  a 
consenting  party,  or  privy  to  such  illegal  importation  or  transportation. 

Sec.  3064.  Tlie  Secretary  of  the  Treasury  may  from  time  to  time  pre- 
scribe regulations  for  the  search  of  persons  and  baggage,  and  for  the 
employment  of  female  inspectors  for  the  examination  and  search  of  per- 
sons of  their  own  sex ;  and  all  persons  coming  into  the  United  States 
from  foreign  countries  shall  be  liable  to  detention  and  search  by  author- 
ized officers  or  agents  of  the  Government,  under  such  regulations. 

Sec.  3065.  Any  person  authorized  by  this  Title  to  make  searches  and 
seizures,  or  any  person  assisting  him  or  acting  under  his  directions,  may, 
if  deemed  necessary  by  him  or  them,  enter  into  or  upon  or  pass  through 
the  lands,  inclosures,  and  buildings,  other  than  the  dwelling  house  of 
anj"  person  whomsoever,  in  the  night  or  in  the  day  time,  in  order  to  the 
more  etfectual  discharge  of.  his  official  duties. 

Sec.  3066.  If  any  collector,  naval  officer,  surveyor,  or  other  person 
specially  appointed  by  either  of  them,  or  inspector,  shall  have  cause  to 
suspect  a  concealment  of  any  merchandise  in  any  particular  dwelling- 
house,  store-building,*  or  other  place,  they,  or  either  of  them,  upon 
proper  application  on  oath  to  any  justice  of  the  peace,  shall  be  entitled 
to  a  warrant  to  enter  such  house,  store,  or  other  place,  in  the  day-time 
only,  and  there  to  search  for  such  merchandise;  and  if  any  shall  be 
found,  to  seize  and  secure  the  same  for  trial ;  and  all  such  merchandise, 
on  which  the  duties  shall  not  have  been  paid,  or  secured  to  be  paid,  shall 
be  forfeited. 

Sec.  3067.  It  shall  be  lawful  for  all  collectors,  naval  ofi&cers,  survey- 
ors, inspectors,  and  the  officers  of  the  revenue-cutters,  to  go  on  board 
of  vessels  in  any  port  of  the  United  States,  or  within  four  leagues  of  the 
coast  thereof,  if  bound  to  the  United  States,  whether  in  or  out  of  their 
respective  districts,  for  the  purpose  of  demanding  the  manifests,  and 
of  examining  and  searching  the  vessels;  and  those oflicers  respectively 
shall  have  free  acess  to  the  cabin  and  every  other  part  of  a  vessel. 

Sec.  3068.  If  any  master  of  a  vessel  coming  into  or  having  arrived  at 
any  port  within  the  United  States  shall  obstruct  or  hinder,  or  shall  in- 
tentionally cause  any  obstruction  or  hindrance  to  any  officer  in  lawfully 
going  on  board  such  vessel  for  the  purpose  of  carrying  into  effect  any 
of  the  revenue  laws  of  the  United  States,  he  shall  for  every  such  offense 
be  liable  to  a  penalty  of  not  more  than  five  hundred  dollars  nor  less  than, 
fifty  dollars. 

Sec.  3060.  If  any  box,  trunk,  chest,  cask,  or  other  package  shall  be 
found  in  the  cabin,  steerage,  or  forecastle  of  a  vessel,  or  in  any  other 
place  separate  from  the  residue  of  the  cargo,  the  officer  of  the  customs 
shall  take  a  particular  account  of  such  passage,  and  of  the  marks  and 
numbers  thereof,  if  any,  and  a  description   thereof,  and,  if  he  judges 

*  See  Act  March  2,  1799,  chap.  22,  sec.  68. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  393 

pro])er,  shall  seal  every  such  packa.ue;  and  such  account  and  descrip- 
tion shall  be  by  him  forwarded  without  delay  to  the  collector  of  the  dis- 
trict to  which  such  vessel  is  bound.  If  upon  her  arrival  at  the  port  of 
lier  entry,  the  ])ackages  so  described,  or  any  of  them,  are  nussin"-,  or  if 
any  seal  put  thereon  has  been  broken,  the  master  shall  be  liable  to  a 
penalty  for  every  package  missing,  or  on  which  any  seal  shall  be  broken, 
of  two  hundred  dollars. 

*  Sec.  3070.  The  inspector  who  may  be  put  on  board  of  any  vessel  shall 
secure,  after  sunset  in  each  evening,  or  previous  to  his  quitting  the  ves- 
sel, the  hatches  and  other  communications  with  the  hold  of  such  ves- 
sel, or  any  other  part  thereof  he  may  judge  necessary,  with  locks  or 
other  proper  fasteuiug[s],  which  locks  or  other  fastenings  shall  not  be 
opened,  broken,  or  removed  until  the  morning  following,  or  after  the 
rising  of  the  sun,  and  in  the  presence  o  the  inspector  by  wliom  the  same 
were  affixed,  except  by  special  license  from  the  collector  of  the  port, 
and  the  naval  officer,  if  any,  first  obtained.  If  the  locks  or  other  fasten- 
ings, or  any  of  them,  aie  broken  or  removed  contrary  to  this  section,  or 
if  any  merchandise  or  packages  are  clandestinely  landed,  notice  thereof 
shall  be  immediately  given  by  the  inspector  to  the  collector  and  naval 
officer,  if  any,  of  the  ])ort  where  the  vessel  may  be;  and  the  master  of 
such  vessel  shall,  for  each  or  every  such  offense,  be  liable  to  a  penalty 
of  five  hundred  dollars. 

+  Sec.  3071.  Every  officer  or  other  person  authorized  to  make  searches 
and  seizures  by  this  Title,  shall,  at  the  time  of  executing  any  of  the 
powers  conferred  upon  him,  make  known,  upon  being  questioned,  his 
character  as  an  officer  or  agent  of  the  customs  or  Government,  and  shall 
have  authority  to  demand  of  any  })erson  within  the  distance  of  three 
miles  to  assist  him  in  making  any  airests,  search,  or  seizure  authorized 
by  this  Title,  where  such  assistance  may  be  necessary;  and  if  such  per- 
son shall,  without  reasonable  excu><e,  neglect  or  refuse  so  to  assist,  upon 
proper  demand,  he  shall  be  deemed  guilty  of  a  misdemeanor,  punishable 
by  a  fine  of  not  more  than  two  hundred  dollars,  nor  less  than  five 
dollars. 

Sec.  3072.  It  shall  be  the  duty  of  the  several  officers  of  the  customs 
to  seize  and  secure  any  vessel  or  merchandise  which  shall  become  liab.le 
to  seizure  by  virtue  of  any  law  respecting  the  revenue,  as  well  without 
as  within  their  respective  districts. 

Sec.  3073.  It  any  officer,  or  other  person,  executing  or  aiding  or  assist- 
ing in  the  seizure  of  goods,  under  any  act  ])roviding  for  or  regulating 
the  collection  of  duties  on  imports  or  tonnage,  is  sued  for  anything  done 
in  virtue  of  the  powers  given  thereby,  or  by  virtue  of  a  warrant  granted 
by  any  Judge,  or  Justice,  i)ursuant  to  law,  he  nuiy  plead  the  general  issue 
and  give  such  act  and  the  special  matter  in  evidence. 

Sec.  3074,  In  all  cases  of  seizure  of  pioi)erty  subject  to  forfeiture  for 
any  of  the  causes  named  in  any  provision  of  law  relating  to  the  customs, 
or  for  the  registering,  enrolling,  or  licensing  of  vessels,  when,  in  the 
opinion  of  the  collector  or  other  i)rincipal  officer  of  the  revenue  nuikiug 
such  seizure,  the  value  of  the  property  seized  does  not  exceed  fi\e  hun- 
dred dollars,  he  shall  cause  a  list  and  ]»aiticular  descri|)tion  of  the  i)ro[)- 
erty  seized  to  be  prepared  in  duplicate,  and  an  appraisement  of  the 
same  to  be  made  l)y  two  sworn  aj)i)raisers  under  the  revenue  laws,  if 
there  are  such  appraisers  at  or  near  the  i)lace  of  seizure ;  but  if  there 
are  no  such  api)iaisers,  then  by  two  competent  and  disinterested  citizens 
of  the  United  States,  to  be  selected  by  him  for  that  purpose,  residing 


*  See  sec.  2877. 
t  See  sec,  5448. 


394  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

at  or  near  the  place  of  seizure  ;  which  list  and  appraiseiuent  shall  be 
properly  attested  by  such  collector  or  other  officer  and  the  persons 
making"  the  appraisal.  For  such  services  of  the  appraisers  they  shall 
be  allowed  out  of  the  revenue  one  dollar  and  fifty  cents  each,  for  every 
day  necessarily  employed  in  such  service. 

Sec.  3075.  If  the  amount  of  the  appraisal  of  property  so  seized  as 
forfeited  shall  not  exceed  the  sum  of  tive  hundred  dollars,  the  collector 
or  other  principal  officer  shall  publish  a  notice  once  a  week  for  three 
successive  weeks  in  some  newspaper  of  the  county  or  place  where  such 
seizure  shall  have  been  made,  if  any  newspaper  shall  be  puV)lished  iu 
such  county;  but  if  no  newspaper  shall  be  published  in  such  county, 
then  such  notice  shall  be  published  in  some  newspaper  of  the  county 
in  which  the  principal  customs  office  of  the  district  shall  be  situated ; 
and  if  no  newspaper  shall  be  published  in  such  county,  then  notices 
shall  be  posted  in  proper  public  places,  which  notices  shall  describe  the 
articles  seized,  and  state  the  time,  cause,  and  place  of  seizure,  and  shall 
require  any  person  claiming  such  articles  to  appear  and  file  with  such 
collector  or  other  officer  his  claim  to  such  articles  within  twenty  days 
from  the  date  of  the  first  publication  of  such  notice. 

Sec.  3076.  Any  person  claiming  the  property  so  seized  may,  at  any 
time  within  twenty  days  from  the  date  of  such  publication,  file  with 
the  collector  or  other  officer  a  claim,  stating  his  interest  in  the  articles 
seized,  and,  upon  depositing  with  such  collector  or  other  officer  a  bond 
to  the  United  States  in  the  penal  sum  of  two  hundred  and  fifty  dollars, 
with  two  sureties,  to  be  approved  by  such  collector  or  otlier  officer,  con- 
ditioned that,  in  case  of  the  condemnation  of  the  articles  so  claimed,  the 
obligors  shall  pay  all  the  costs  and  expenses  of  the  proceediugs  to  ob- 
tain such  condemnation.  Such  collector  or  other  officer  shall  transmit 
the  same,  with  the  duplicate  list  and  descri[)tion  of  the  articles  seized 
and  claimed,  to  the  United  States  district  attorney  for  the  district,  who 
shall  proceed  for  a  condemnation  of  the  property  in  the  ordinary  mode 
prescribed  by  law. 

Sec.  3077.  If  no  such  claim  shall  be  filed  or  bond  given  within  the 
twenty  days  above  specified,  such  collector  or  other  officer  shall  give 
not  less  tiian  fifteen  days'  notice  of  the  sale  of  the  property  so  seized, 
by" publication  in  the  manner  before  mentioned;  and,  at  the  time  and 
l>lace  specified  in  such  notice,  he  shall  sell  at  public  auction  the  property 
so  seized,  and  shall  deposit  the  proceeds,  after  deducting  the  actual  ex- 
penses of  such  seizure,  publication,  and  sale,  in  the  Treasury  of  the 
United  States,  as  shall  be  directed  by  the  Secretary  of  the  Treasury. 
The  collector,  however,  shall  hav^e  power  to  adjourn  such  sale  from  time 
to  titDe  for  a  period  not  exceeding  thirty  days  in  all. 

Sec.  3078.  Any  person  claiming  to  be  interested  in  the  jn-operty  sold 
under  the  provisions  of  the  preceding  section  may,  within  three  mouths 
after  such  sale,  apply  to  the  Secretai\v  of  the  Treasury  for  a  remission 
of  the  forfeiture  and  a  restoration  of  the  proceeds  of  such  sale,  and  the 
same  may  be  granted  by  the  Secretary  ui)on  satisfactory  proof,  to  be 
furnished  in  such  manner  as  he  shall  direct,  that  the  applicant,  at  the 
time  of  the  seizure  and  sale. of  the  property  in  question,  did  not  know 
of  the  seizure,  and  was  in  such  circumstances  as  j)revented  him  from 
knowing  of  the  same,  and  that  such  forfeiture  was  incurred  without  will- 
ful negligence  or  any  intention  of  fraud  on  the  part  of  the  owner  of  such 
property. 

Sec.  3079.  If  no  application  for  such  remission  or  restoration  shall  be 
made  within  three  months  after  such  sale,  the  Secretary  of  the  Treasury 
shall  then  cause  the  proceeds  of  such  sale  to  be  distributed  in  the  same 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  395 

manner  as  if  such  i)roperty  had  been  coudemned  and  sold  in  pursuance 
of  a  decree  of  a  competent  court. 

^c.  3080.  Whenever  seizure  shall  be  made  of  any  property  which, 
in  the  opinion  of  the  appraisers,  is  liable  to  perisli  or  waste,  or  to  be 
greatly  reduced  in  value  by  keepinir,  or  which  cannot  be  kept  without 
great  disproportionate  expense,  whether  such  property  consists  of  live 
animals  or  merchandise,  and  when  the  property  thus  seized  shall  not 
exceed  five  hundred  dollars  in  value,  and  when  no  claim  shall  have  been 
interposed  therefor  as  is  hereinbefore  provided,  the  ai>praisers,  if  re- 
quested by  the  collector  or  principal  ofticer  making  the  seizure,  at  the 
time  when  such  appraisal  is  made,  shall  certify  on  oath  in  their  ap- 
praisal their  belief  that  the  property  seized  is  liable  to  speedy  deteri- 
oration, or  that  the  expenses  of  its  keeping  will  largely  reduce  the  net 
proceeds  of  the  sale ;  and  in  case  the  appraisers  thus  certify,  such 
collector  or  other  officer  may  proceed  to  advertise  and  sell  the  same  at 
auction,  by  giving  notice  for  such  time  as  he  may  think  reasonable,  but 
not  less  than  one  week,  of  such  seizure  and  intended  sale,  by  advertise- 
ment as  is  hereinbefore  provided ;  and  the  proceeds  of  such  sale  shall 
be  deposited  to  the  credit  of  the  Treasurer  of  the  United  States,  subject, 
nevertheless,  to  the  payment  of  such  claims  as  shall  be  presented 
within  three  months  fropa  the  day  of  sale,  and  allowed  by  the  Secretary 
of  the  Treasury. 

Sec.  3081.  The  collectors  of  the  several  districts  of  the  United  States, 
in  all  cases  of  seizure  of  any  merchandise  for  violation  of  the  revenue 
laws,  the  appraised  value  of  which,  in  the  district  wherein  such  seizure 
shall  be  made,  does  not  exceed  one  thousand  dollars,  are  hereby  au- 
thorized, subject  to  the  approval  of  the  Secretary  of  the  Treasury,  to 
release  such  merchandise  on  ])ayment  of  the  appraised  value  thereof. 

Sec.  3082,  If  any  person  shall  fraudulently  or  knowingly  import  or 
bring  into  the  United  States,  or  assist  in  so  doing,  any  merchandise, 
contrary  to  law,  or  shall  receive,  conceal,  bu^',  seli,  or  in  any  manner 
facilitate  the  tmnsportation,  concealment,  or  sale  of  such  merchandise 
after  importation,  knowing  tlie  same  to  have  been  imported  contrary 
to  law,  such  merchandise  shall  be  forfeited  and  the  offender  shall  be 
fined  in  any  sum  not  exceeding  five  thousand  dollars  nor  less  than  fifty 
dollars,  or  be  imprisoned  for  any  time  not  exceeding  two  years,  or  both. 
Whenever,  on  trial  for  a  violation  of  this  section,  the  defendant  is  shown 
to  have  or  to  have  had  possession  of  such  goods,  such  possession  shall 
be  deemed  evidence  sufficient  to  authorize  conviction,  utdess  the  defend- 
ant shall  explain  the  possession  to  the  satisfaction  of  the  jury. 

Sec.  3083.  Whenever  any  seizure  shall  be  made  for  the  purpose  of 
enforcing  any  forfeiture,  the  collector  or  other  person  causing  such  seiz- 
ure to  be  made  shall  immediately  give  information  thereof  to  the  Soli- 
citor of  the  Treasury. 

*  Sec.  3084.  The  several  collectors  of  (uistoms  shall  report  within  ten 
days  to  the  district  attorney  of  the  district  in  which  any  fine,  penalty, 
or  forfeiture  may  be  incurred  ibr  the  violation  of  any  law  of  the  United 
States  relating  to  the  revenue,  a  statement  of  all  the  facts  and  circum- 
stances of  the  case  within  their  knowledge,  or  which  may  come  to  their 
knowledge  Iron)  time  to  time,  stating  tlie  names  of  the  witnesses,  and 
the  i)rovisions  of  the  law  believed  to  be  violated,  and  on  which  a  reliance 
may  be  had  tor  condemnation  or  conviction.  If  any  collector  shall  in 
any  case  fail  to  rei)ort  to  the  proi)er  district  attorney,  as  prescribed  in 
this  section,  such  collector's  right  to  any  compensation,  l)enetit,  or  al- 
lowance in  such  case  shall  be  forfeited  to  the  United  States,  and  the 
same  may,  in  the  discretion  of  the  Secretary  of  the  Treasury,  be  awarded 

*  See  sec.  S.'W. 


396  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

to  such  persons  as  may  make  complaint  and  prosecute  tbe  same  to  judg- 
ment or  conviction. 

*  Sec.  3085.  District  attorneys,  upon  receiving  tlie  rejiort  of  a  collector, 
shall  cause  suit  and  prosecution  to  be  commenced  and  prosecuted  with- 
out delay  for  the  fines  and  personal  penalties  by  law  in  such  case  pro- 
vided, unless  upou  inquiry  and  examination  they  shall  decide  that  a 
conviction  cannot  probably  be  obtained,  or  that  the  ends  of  public  jus- 
tice do  not  require  that  a  suit  or  prosecution  should  be  instituted,  in 
which  case  they  shall  report  the  facts  to  the  Secretary  of  the  Treasury 
for  his  direction.  For  expenses  incurred  and  services  rendered  in  pros- 
ecutions for  such  fines  and  personal  penalties,  they  shall  receive  such 
allowance  as  the  Secretary  of  the  Treasury  shall  deem  just  and  reason- 
able, upon  the  certificate  of  the  judge  before  whom  sucli  prosecution 
was  had. 

Sec.  3086.  All  merchandise  or  property  of  any  kind  seized  under  the 
provisions  of  any  law  of  the  United  States  relating  to  the  customs,  shall, 
unless  otherwise  provided  for  by  law,  be  placed  and  remain  in  the  cus- 
tody of  the  collector  or  other  principal  officer  of  the  customs  of  the 
district  in  which  the  seizure  shall  be  made,  to  abide  adjudication  by  the 
proper  tribunal,  or  other  disposition  according  to  la"^. 

Sec.  3087.  The  collector  within  whose  district  any  seizure  shall  be 
made  or  forfeiture  incurred  for  any  violation  of  the  duty  laws  is  hereby 
enjoined  to  cause  suits  for  the  same  to  be  commenced  without  delay, 
and  prosecuted  to  effect;  and  is,  moreover,  authorized  to  receive  from 
the  court  within  which  such  trial  is  had,  or  from  the  proper  officer  thereof, 
the  sum  recovered,  after  deducting  all  proper  charges  to  be  allowed  by 
the  court ;  and  on  receipt  thereof  he  shall  pay  and  distribute  the  same 
without  delay,  according  to  law. 

Sec.  3088.  Whenever  a  vessel,  or  the  owner  or  master  of  a  vessel, 
has  become  subject  to  a  penalty  for  a  violation  of  the  revenue  laws  of 
the  United  States,  such  vessel  shall  be  holden  for  the  payment  of  such 
penalty,  and  may  be  seized  and  proceeded  against  summarily  by  libel 
to  recover  such  penalty. 

Sec.  3089.  Whenever  a  seizure,  condemnation,  and  sale  of  merchan- 
dise takes  place  within  the  United  States,  and  the  value  thereof  is  less 
than  two  hundred  and  fifty  dollars,  that  part  of  the  forfeiture  which 
accrues  to  the  United  States,  or  so  much  thereof  as  may  be  necessary, 
shall  be  a|)plied  to  the  payment  of  the  cost  of  the  prosecution. 

Sec.  3090.  Prom  the  proceeds  of  fines,  penalties,  and  forfeitures  in- 
curred under  the  provisions  of  the  laws  relating  to  the  customs,  there 
shall  be  deducted  such  charges  and  expenses  as  are  by  law  in  each  case 
authorized  to  be  deducted ;  and  in  addition,  in  case  of  the  forfeiture 
of  imported  merchandise  of  a  greater  value  than  five  hundred  dollars 
on  which  duties  have  not  been  paid,  or  in  case  of  a  release  thereof, 
upon  payment  of  its  appraised  value,  or  of  any  fine  or  composition  in 
money,  there  shall  also  be  deducted  an  amount  equivalent  to  the  duties 
in  coin  upon  such  merchandise,  including  the  additional  duties,  if  any; 
which  shall  be  credited  in  the  accounts  of  the  collector  as  duties  re- 
ceived ;  and  the  residue  of  the  proceeds  shall  be  paid  into  the  Treasury 
of  the  United  Statis,  and  distributed,  under  the  direction  of  the  Secre- 
tary, in  the  manner  following,  to  wit:  one-half  to  the  United  States; 
one-fourth  to  the  person  giving  the  information  which  has  led  to  the 
seizure,  or  to  the  recovery  of  the  fine  or  penalty,  and  if  there  be  no  in- 
former other  than  the  collector,   naval  officer,  or  surveyor,  then   to 

*  See  sec.  838. 


NAVIGATION   LAWS    OF    THE    UNITED    STATES.  397 

the  officer  making  the  seizure;  and  the  remaiiiiug  one-fourth  to  be 
equally  divided  between  theoollec'or,  naval  officer,  and  surveyor,  or  such 
of  them  as  are  appointed  for  the  district  in  which  the  seizure  has  been 
made,  or  the  fine  or  penalty  incurred,  or  if  there  be  only  a  collector, 
then  to  such  collector.  But  where  any  fine,  penalty,  or  forfeiture,  in- 
curred by  virtue  of  the  laws  relating  to  customs,  shall  be  recovered  in 
consequence  of  any  information  given  by  an  officer  of  a  revenue-cutter, 
the  proceeds  thereof  shall,  after  the  legal  deductions,  including  the  de- 
ductions herein  authorized,  have  been  made,  be  disposed  of  as  follows 
One-fourth  to  the  United  States;  one-fourth  to  the  officers  of  the  cus- 
toms, as  hereinbefore  provided  ;  and  the  remainder  to  the  officers  of 
such  revenue-cutter,  to  be  divided  among  them  in  proportion  to  their  pay. 
[Superseded  by  act  June  22,  1874,  post.] 

Sec.  3091.  Whenever  it  shall  be  made  to  appear  to  the  satisfaction  of 
the  district  judge  for  any  judicial  district  in  the  United  States,  by  com- 
plaint and  affidavit,  that  any  fraud  on  the  revenue  has  been  committed 
by  any  person  interested,  or  in  any  way  engaged,  in  the  importation  or 
entry  \jf  merchandise  at  any  port  within  such  district,  the  judge 
shall  forthwith  issue  his  warrant  directed  to  the  marshal  of  the  district, 
requiring  the  marshal,  by  himself  or  deputy,  to  enter  any  place  or  prem- 
ises where  any  invoices,  books,  or  papers  are  deposited  relating  to  the 
merchandise  in  respect  to  which  such  fraud  is  alleged  to  have  been  com- 
mitted, and  to  take  possession  of  such  books  or  papers  and  produce  them 
before  the  judge.     [See  act  June  22,  1874.] 

Sec.  3092.  :Ko  warrant  for  such  seizure  shall  be  issued,  unless  the  com- 
plaint shall  set  forth  the  character  of  the  fraud  alleged,  the  nature  of 
the  same,  and  the  importations  in  respect  to  which  it  was  committed, 
and  the  papers  to  be  seized.  The  warrant  issued  on  such  complaint, 
with  report  of  service  and  proceedings  thereon,  shall  be  returned  as  other 
warrants  to  the  district  court  of  the  judicial  district  within  which  such 
judge  presides.     [See  act  June  22,  1884.] 

Sec.  3093.  Any  invoices,  books,  or  papers  seized  under  the  provisions 
of  the  two  preceding  sections  shall  be  subject  to  the  order  of  tlie  judge, 
who  shall  allow  the  examination  of  the  same  by  the  collector  of  customs 
of  the  port  into  which  the  alleged  fraudulent  importation  has  been  made, 
or  by  any  officer  duly  authorized  by  the  collector.  Such  invoices,  books, 
or  papers  may  be  retained  by  the  judge  as  long  as,  in  his  opinion,  the 
retention  thereof  may  be  necessary.     [See  act  June  22,  1874.] 

Sec.  3094.  Nothing  contained  in  this  Title  shall  be  construed  to  ex- 
empt the  masters  or  owners  of  vessels  from  making  and  subscribing  any 
oaths  required  by  any  laws  of  the  United  States  not  immediately  relat- 
ing to  the  collection  of  the  duties  on  the  importation  of  merchandise 
into  the  United  States. 


PEOVISIONS  APPLYING  TO  COMMERCE   WITH  CONTIGUOUS  COUNTRIES. 

(Revised  Statutes,  cliap.  11.) 

Sec.  3095.  Except  into  the  districts  hereinbefore  described  on  the 
northern,  northwestern,  and  western  boundaries  of  the  United  States, 
adjoining  to  the  Dominion  of  Canada,  or  into  the  districts  adjacent  to 
Mexico,  no  merchandise  of  foreign  growth  or  manufacture,  subject  to 
the  payment  of  duties,  shall  be  brought  into  the  United  States  from 
any  foreign  port  in  any  other  manner  than  by  sea,  nor  in  any  vessel  of 


398  NAVIGATION    LA^YS    OF    THE    UNITED    STATES. 

less  than  thirty  tons  burdeu,  aj>reeably  to  the  admeasurement  directed 
for  ascertaining-  the  tonnage  of  vessels  ;  or  lauded  or  unladen  at  any 
other  port  than  is  directed  by  this  Title,  uuder  the  penalty  of  seizure 
and  forfeiture  of  all  such  vessels,  and  of  the  merchandise  imported 
therein,  lauded  or  unladen  in  any  other  manner. 

Sec.  3090.  All  persons  may  import  any  merchandise  of  which  the  im- 
portation shall  not  be  entirefy  prohibited,  into  the  <iistricts  which  are 
or  may  be  established  on  the  northern  and  northwestern  boundaries  of 
the  United  States,  in  vessels  or  boats  of  any  burdeu,  and  in  rafts  or  car- 
riages of  any  kind  or  nature  whatsoever. 

Sec.  3097."^  A 11  vessels,  boats,  rafts,  and  carriages,  of  what  kind  soever, 
arriving  in  such  districts,  on  the  northern  and  northwestern  frontiers, 
containing  merchandise  subject  to  duties,  on  being  imported  into  any 
port  of  the  United  States,  shall  be  reported  to  the  collector,  or  other 
chief  officer  of  the  customs  at  the  port  of  entry  in  the  district  into  which 
it  shall  be  so  imported ;  and  such  merchandise  shall  be  accompanied 
with  like  manifests,  and  like  entries  shall  be  made,  by  the  persons  hav- 
ing charge  of  any  such  vessels,  boats,  rafts,  and  carriages,  and  by  the 
owners  or  consignees  of  the  merchandise  laden  on  board  the  same  ;  and 
the  powers  and  duties  of  the  oflflcers  of  the  customs  shall  be  exercised 
and  discharged  in  the  districts  last  mentioned,  in  like  manner  as  is  pre- 
scribed in  respect  to  merchandise  imported  in  vessels  from  the  sea ;  and 
generally,  all  such  importations  shall  be  subject  to  like  regulations,  pen- 
alties, and  forfeitures  as  in  other  districts,  except  as  is  hereinafter  spec- 
ially provided. 

Sec.  3098.  The  master  of  any  vessel,  except  registered  vessels,  and 
every  person  having  charge  of  any  boat,  canoe,  or  raft,  and  the  con- 
ductor or  driver  of  any  carriage  or  sleigh,  and  every  other  person,  com- 
ing from  any  foreign  territory  adjacent  to  the  United  States  into  the 
United  States,  with  merchandise  subject  to  duty,  shall  deliver,  imme- 
diately on  his  arrival  within  the  United  States,  a  manifest  of  the  cargo 
or  loading  of  such  vessel,  boat,  canoe,  raft,  carriage,  or  sleigh,  or  of  the 
merchandise  so  brought  from  such  foreign  territory,  at  the  office  of  any 
collector  or  deputy  collector  which  sball  be  nearest  to  the  boundary-line, 
or  nearest  to  the  road  or  waters  by  which  such  merchandise  is  brought; 
and  every  such  manifest  shall  be  verified  by  the  oath  of  such  person 
delivering  the  same;  which  oath  shall  be  taken  before  such  collector  or 
deputy  collector  ;  and  such  oath  shall  state  that  such  manifest  contains 
a  full,  just,  and  true  account  of  the  kinds,  quantities,  and  values  of  all 
the  merchandise  so  brought  from  such  foreign  territory. 

Sec.  3099.  If  the  master,  or  other  person  having  charge  of  any  vessel, 
boat,  canoe,  or  raft,  or  the  conductor  ordriverof  any  carriage  or  sleigh, 
or  other  person  bringing  such  merchandise,  shall  neglect  or  refuse  to 
deliver  the  manifest  required  by  the  preceding  section,  or  pass  by  or 
avoid  such  office,  the  merchandise  subject  to  duty,  and  so  imported, 
shall  be  forfeited  to  the  United  States,  together  with  the  vessel,  boat, 
canoe,  or  raft,  the  tackle,  aiiparel,  and  furniture  of  the  same,  or  the  car- 
riage or  sleigh,  and  harness  and  cattle  drawing  the  same,  or  the  horses 
with  their  saddles  and  bridles,  as  the  case  may  be ;  and  such  master, 
conductor,  or  other  importer  shall  be  subject  to  a  penalty  of  four  times 
the  value  of  the  merchandise  so  imported. 

Sec.  3100.  All  merchandise,  and  all  baggage  and  effects  of  passen- 
gers, and  all  other  articles  imported  into  the  United  States  from  any 
contiguous  foreign  country,  except  as  hereafter  provided,  as  well  as  the 
vessels,  cars,  and  other  vehicles  and  envelopes  in  which  the  same  shall 
be  imported,  shall  be  unladen  in  the  presence  of,  and  be  inspected  by, 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  399 

au  iiis])ec'tor  or  other  ofldcer  of  the  customs,  at  the  first  port  of  entry  or 
cnstoin-house  in  the  United  States  where  the  sameshall  arrive;  and  toeu- 
able  the  ])roper  oflicer  thoroughly  to  discharge  this  duty,  he  may  require 
[the  owner  or  his  agent,  or  other  person,  having  charge  or  possession  of] 
any  trunk,  traveling-bag,  or  sack,  valise,  or  other  envelope,  or  of  any 
closed  vessel,  car,  or  other  vehicle,  to  open  the  same,  or  to  deliver  to 
him  the  proper  key. 

Sec.  3101.  If  any  owner,  agent,  or  other  person  shall  refuse  or  neg- 
lect to  comply  witli  his  demands,  allowed  by  the  preceding  section,  the 
officer  shall  retain  such  trunk,  traveling-bag,  or  sack,  valise,  or  what- 
soever it  may  be,  and  open  the  same,  and,  as  soon  thereafter  as  may  be 
practicable,  examine  the  contents  ;  and  if  any  article  subject  to  the  pay- 
ment of  duty  shall  be  found  therein,  the  whole  contents,  together  with 
the  envelope,  shall  be  forfeited  to  the  United  States,  and  disposed  of  as 
the  law  provides  in  other  similar  cases.  If  any  snch  dutiable  merchan- 
dise or  article  shall  be  found  in  any  such  vessel,  car,  or  other  vehicle, 
the  owner,  agent,  or  other  person  in  charge  of  which  shall  have  refused 
to  open  the  same  or  deliver  the  key  as  herein  provided,  the  same,  to- 
gether with  the  vessel,  car,  or  other  vehicle,  shall  be  forfeited  to  the 
United  States,  and  shall  be  held  by  such  officer,  to  be  disposed  of  as  the 
law  i)rovides  in  other  similar  cases  of  forteiture. 

Sec.  3102.  To  avoid  the  inspection  at  the  first  port  of  arrival,  the 
owner,agent,master,orconductorofany  such  vessel,  car,or  other  vehicle, 
or  owner,  agent,  or  other  person  having  charge  of  any  such  merchan- 
dise, baggage,  effects,  or  other  articles,  may  apply  to  any  officer  of  the 
United  States  duly  authorized  to  act  in  the  premises,  to  seal  or  close  the 
same,  under  and  according  to  the  regulations  hereinafter  authorized, 
previous  to  their  importation  into  the  United  States  ;  which  officer  shall 
seal  or  close  the  same  accordingly ;  whereupon  the  same  may  proceed  to 
their  port  of  destination  without  further  inspection.  Every  such  vessel, 
car,  or  other  vehicle,  shall  proceed,  without  unnecessary  delay,  to  the 
port  of  its  destination,  as  named  in  the  manifest  of  its  cargo,  freight,  or 
contents,  and  be  there  inspected.  Nothing  contained  in  this  section 
shall  be  construed  to  exempt  such  vessel,  car,  or  vehicle,  or  its  contents, 
from  such  examination  as  may  be  necessary  and  proper  to  prevent  frauds 
upon  the  revenue  and  violations  of  this  Title. 

Sec.  3103.  The  Secretary  of  the  Treasury  is  hereby  authorized  and 
required  to  make  such  regulations,  and  from  time  to  time  so  to  change 
the  same  as  to  him  shall  seem  necessary  and  proper,  for  sealing  such 
vessels,  cars,  and  other  vehicles,  when  practicable,  and  for  sealing,  mark- 
ing, and  identifying  such  merchandise,  baggage,  effects,  trunks,  trav- 
eling-bags, or  sa"^cks,  valises,  and  other  envelopes  and  articles;  and  also 
in  regard  to  invoices,  manifests,  and  other  pertinent  papers,  and  their 
authentication. 

Sec.  3104.  If  the  owner,  master,  or  person  in  charge  of  any  vessel, 
car,  or  other  vehicle  so  sealed,  shall  not  proceed  to  the  port  or  place  of 
destination  thereof  named  in  the  manifest  of  its  cargo,  freight,  or  con- 
tents, and  deliver  such  vessel,  car,  or  vehicle  to  the  proper  officer  of  the 
customs,  or  shall  dispose  of  the  same  by  sale  or  otherwise,  or  shall  un- 
load the  same,  or  any  part  thereof,  at  any  other  than  such  port,  or  place, 
or  shall  sell  or  dispose  of  the  contents  of  such  vessel,  car,  or  other 
vehicle,  or  any  part  thereof,  before  such  delivery,  he  shall  be  deemed 
guilty  of  felony,  and  on  conviction  thereof,  before  any  court  of  compe- 
tent jurisdiction,  pay  a  fine  not  exceeding  one  thousand  dollars,  or  shall 

*  The  line  iu  italics  is  misplaced  in  the  official  copy. 


400       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

be  imprisoned  for  a  term  iu)t  exceeding  five  years,  or  both,  at  the  dis- 
cretion of  tlie  court;  and  such  vessel,  car,  or  other  vehicle,  with  its 
contents,  shall  be  forfeited  to  the  United  States,  and  may  be  seized 
wherever  found  within  the  United  States,  and  disposed  of  and  sold  as 
in  other  cases  of  forfeiture.  Nothing  in  this  section,  however,  shall  be 
construed  to  prevent  sales  of  cargo,  in  whole  or  in  part,  prior  to  arrival, 
to  be  delivered  as  per  manifest,  and  after  due  inspection. 

Sec.  3105.  If  any  unauthorized  person  or  i)ersous  shall  willfully  break, 
cut,  pick,  open,  or  remove  any  wire,  seal,  lead,  lock,  or  other  fastening 
or  mark  attached  to  any  vessel,  car,  or  other  vehicle,  crate,  box,  bag, 
bale,  basket,  barrel,  bundle,  cask,  trunk,  package,  or  parcel,  or  anything 
whatsoever,  under  and  by  virtue  of  this  Title  and  regulations  author- 
ized by  it,  or  any  other  law,  or  shall  affix  or  attach,  or  any  way  willfully 
aid,  assist,  or  encourage  the  affixing  in  or  attaching,  by  wire  or  otherwise, 
to  any  vessel,  car,  or  other  vehicle,  or  to  any  crate,  box,  bale,  barrel,  bag, 
basket,  bundle,  cask,  package,  parcel,  article,  or  thing  of  any  kind,  any 
seal,  lead,  metal,  or  anything  juirporting  to  be  a  seal  authorized  by  law, 
such  person  or  persons  shall  be  deemed  guilty  of  felony,  and  shall  be 
imprisoned  for  a  term  not  exceeding  five  years,  or  shall  pay  a  fine  of  not 
exceeding  one  thousand  dollars,  or  both,  at  the  discretion  of  the  court. 

Sec.  3100.  Each  vessel,  car,  or  other  vehicle,  crate,  box,  bag,  basket, 
barrel,  bundle,  cask,  trunk,  package,  parcel,  or  other  thing,  with  the 
cargo,  or  contents  thereof,  from  which  the  wire,  seal,  lead,  lock,  or  other 
fastening  or  mark  shall  have  been  broken,  cut,  picked,  opened,  or  re- 
moved by  any  such  unauthorized  person  or  persons,  or  to  which  such 
seal,  or  other  thing  purporting  to  be  a  seal,  has  been  wrongfully  attached, 
shall  be  forfeited. 

Sec.  3107.  If  any  store,  warehouse,  or  other  building  shall  be  upon 
or  near  the  boundary-line  betweeu  the  United  States  and  any  for- 
eign country,  and  there  is  reason  to  believe  that  dutiable  merchandise 
is  deposited  or  has  been  i:»laced  therein  or  carried  through  or  into  the 
same  without  payment  of  duties,  and  in  violation  of  law,  and  the  col- 
lector, deputy  collector,  naval  officer,  or  surveyor  of  customs,  shall  make 
oath  before  any  magistrate  competent  to  administer  the  same,  that  he 
has  reason  to  believe,  and  does  believe,  that  such  offense  has  been  therein 
committed,  such  officer  shall  have  the  right  to  search  such  building  and 
the  premises  belonging  thereto;  and  if  any  such  merchandise  shall  be 
found  therein,  the  same,  together  with  such  building,  shall  be  seized, 
forfeited,  and  disposed  of  according  to  law,  and  the  building  shall  be 
forthwith  taken  down  or  removed. 

Sec.  3108.  Any  i)erson  who  shall  have  received  or  deposited  in  such 
building  upon  the  boundary-line  between  the  United  States  and  any 
foreign  country,  or  carried  through  the  same,  any  merchandise,  or  shall 
have  aided  therein,  in  violation  of  law,  shall  be  ])unishable  by  a  fine  of 
not  more  than  ten  thousand  dollars,  or  hj  imprisonment  for  not  more 
than  two  years,  or  by  both. 

Sec.  3109.  The  master  of  any  foreign  vessel,  laden  or  in  ballast,  arriv- 
ing in  the  waters  of  the  United  States  from  any  foreign  territory  adja- 
cent to  the  northern,  northeastern,  or  northwestern  frontiers  of  the 
United  States,  shall  report  at  the  office  of  any  collector  or  deputy"  col- 
lector of  the  customs,  which  shall  be  nearest  to  the  point  at  which  such 
vessel  may  enter  such  waters;  and  such  vessel  shall  not  proceed  farther 
inland,  either  to  unlade  or  take  in  cargo,  without  a  special  permit  from 
such  collector  or  deputy  collector,  issued  under  and  in  accordance  with 
such  general  or  special  regulations  as  the  Secretary  of  the  Treasury  may 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  401 

in  liis  discretion,  from  time  to  time,  prescribe.  For  any  violation  of  this 
section  such  vessel  shall  be  seized  and  forfeited. 

Sec.  3110.  If  any  merchandise  shall,  at  any. port  in  the  United  States 
on  the  northern,  northeastern,  or  northwestern  frontiers  thereof,  be 
laden  ui)on  any  vessel  belongin<>-  wholly  or  in  i)art  to  a  snbject  of  a  for- 
eign conntry,  and  shall  be  taken  thence  to  a  foreign  port  to  bereladenaud 
reshipped  to  any  other  port  in  the  United  States  on  such  frontiers,  either 
by  the  same  or  any  other  vessel,  foreign  or  American,  with  intent  to 
evade  the  provisions  relating  to  the  transportation  of  merchandise  from 
one  port  of  the  United  States  to  another  port  of  the  United  States,  in  a 
vessel  belonging  wholly  or  in  part  to  a  snbject  of  any  foreign  i)()wer,  the 
merchandise  shall,  on  its  arrival  at  such  last-named  port,  be  seized  and 
forfeited  to  the  United  States,  and  the  vessel  shall  pay  a  tonnage-duty 
of  fifty  cents  per  ton  on  her  admeasurement. 

Sec.  3111.  If  any  vessel  enrolled  or  licensed  to  engage  in  the  foreign 
and  coasting  trade  on  the  northern,  northeastern,  and  northwestern  front- 
iers of  the  United  States  shall  touch  at  any  port  in  the  adjacent  British 
provinces,  and  the  master  of  such  vessel  shall  purchase  any  merchandise 
for  the  use  of  the  vessel,  the  master  of  the  vessel  shall  report  the  same, 
with  cost  and  quantity  thereof,  to  the  collector  or  other  ofticer  of  the 
customs  at  the  first  port  in  the  United  States  at  which  he  shall  next 
arrive,  designating  them  as  "  sea-stores;  "  and  in  the  oath  to  be  taken  by 
such  master  of  such  vessel,  on  making-  such  report,  he  shall  declare  that 
the  articles  so  specified  or  designated  "sea  stores"  are  truly  intended 
for  the  use  exclusively  of  the  vessel,  and  are  not  intended  for  sale,  trans- 
fer, or  private  use.  If  any  other  or  greater  quantity  of  dutiable  articles 
shall  be  found  on  board  such  vessel  than  are  specified  in  such  report  or 
entry  of  such  articles,  or  any  part  thereof  shall  be  landed  without  a  per- 
mit from  a  collector  or  other  officer  of  the  customs,  such  articles  to- 
gether with  the  vessel,  her  apparel,  tackle,  and  furniture,  shall  be  for- 
feited. 

Sec.  3112.  If,  ujion  examination  and  inspection  by  the  collector  or 
other  officer  of  the  customs,  such  articles  are  not  deemed  excessive  in 
quantity  for  the  use  of  the  vessel,  until  an  American  port  may  be  reached 
by  such  vessel,  where  such  sea  stores  can  be  obtained,  such  articles  shall 
be  declared  free  of  duty ;  but  if  it  shall  be  found  that  the  quantity  or  quan- 
tities of  such  articles,  or  any  ])art  thereof  so  reported,  are  excessive,  it 
shall  be  lawful  for  the  collector  or  other  ofticer  of  the  customs  to  esti- 
mate the  amount  of  duty  on  such  excess,  which  shall  be  forthwith  paid 
by  the  master  of  the  vessel,  on  i)enalty  of  paying  a  sum  of  not  less  than 
one  hundred  dollars,  nor  more  than  four  times  the  value  of  such  excess, 
or  such  master  shall  be  punishable  by  im])risonment  for  not  less  than 
three  months,  and  not  more  than  two  years. 

Sec.  311.").  Articles  purchased  for  the  use  of  or  for  sale  on  board  any 
such  vessel,  as  saloon  stores  or  sup])lies,  shall  bedeemed  merchandise,  and 
shall  be  liable,  when  purchased  at  a  foreign  port,  to  entry  and  the  pay- 
ment of  the  duties  found  to  be  due  thereon,  at  the  first  port  of  arrival  of 
such  vessel  in  the  United  States;  and  for  a  failure  on  the  part  of  the 
saloon-keeper  or  person  purchasing  or  owning  such  articles  to  report, 
make  entries,  and  ])ay  duties,  as  hereinbefore  required,  such  articles, 
together  with  the  fixtures  and  other  merchandise,  found  in  such  saloon 
or  on  or  about  such  vessel  l)elonging  to  and  owned  by  such  saloon-keeper 
or  other  person  interested  in  such  saloon,  shall  be  seized  and  forfeited, 
and  such  saloon-keeper  or  other  person  so  purchasing  and  owning  shall 
be  liable  to  a  penalty  of  not  less  than  one  hundred  dollars  and  not  mor« 
H.  Mis.  391— 2G 


402  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

than  fivehiiudred,  aud  shall  be  i)unishable  by  impiisoniiieiit  for  not  less 
than  three  months,  and  not  more  than  two  years. 

Sec.  3114.  The  equipments,  or  any  part  thereof,  including- boats,  pur- 
chased for,  or  the  expenses  of  repairs  made  in  a  foreign  country  upon  a 
vessel  enrolled  and  licensed  under  the  laws  of  the  United  States  to 
engage  in  the  foreign  and  coasting  trade  on  the  northern,  northeastern, 
and  northwestern  frontiers  of  the  United  States,  or  a  vessel  intended  to 
be  employed  in  such  trade,  shall,  on  the  first  arrival  of  such  vessel  in 
any  port  of  the  United  States,  be  liable  to  entry  and  the  payment  of  an 
ad-valorem  duty  of  fifty  per  centum  on  the  cost  thereof  in  such  foreign 
country  ;  and  if  the  owner  or  master  of  such  vessel  shall  willfully  and 
knowingly  neglect  or  fail  to  report,  make  entry,  and  pay  duties  as  herein 
required,  such  vessel,  with  her  tackle,  apparel,  and  furniture,  shall  be 
seized  and  forfeited. 

Sec.  3115.  If  the  owner  or  master  of  such  vessel  shall,  however,  fur- 
nish good  and  suflScient  evidence  that  such  vessel,  while  in  the  regular 
course  of  her  voyage,  was  compelled,  by  stress  of  weather  or  other  cas- 
ualty, to  put  into  such  foreign  port  and  purchase  such  equipments,  or 
make  such  repairs,  to  secure  the  safety  of  the  vessel  to  enable  her  to 
reach  her  port  of  destination,  then  it  shall  be  competent  for  the  Secre- 
tary of  the  Treasury  to  remit  or  refund  such  duties,  and  such  vessel 
shall  not  be  liable  to  forfeiture,  and  no  license  or  enrollment  and  license, 
or  renewal  of  either,  shall  hereafter  be  issued  to  any  such  vessel  until 
the  collector  to  whom  application  is  made  for  the  same  shall  be  satisfied, 
from  the  oath  of  the  owner  or  master,  that  all  such  equipments  and 
repairs  made  within  the  year  immediately  preceding  such  application 
have  been  duly  accounted  for  under  the  provisions  of  this  and  the  pre- 
ceding sections,  and  the  duties  accruing  thereon  duly  paid  ;  and  if  such 
owner  or  master  shall  refuse  to  take  such  oath,  or  take  it  falsely,  the 
vessel  shall  be  seized  and  forfeited. 

Sec.  3116.  The  master  of  every  vessel  enrolled  or  licensed  to  engage 
in  the  foreign  and  coasting  trade  on  the  northern,  northeastern,  and 
northwestern  frontiers  of  the  United  States,  except  canal-boats  employed 
in  navigating  the  canals  within  the  United  States,  shall,  before  the 
departure  of  his  vesisel  from  a  port  in  one  collection-district  to  a  portin 
another  collection-district,  present  to  the  collector  at  the  port  of  depart- 
ure duplicate  manifests  of  his  cargo,  or,  if  he  have  no  cargo,  duplicate 
manifests  setting  forth  that  fact;  such  manifests  shall  be  subscribed 
and  sworn  to  by  the  master  before  the  collector,  who  shall  indorse 
thereon  his  certificate  of  clearance,  retaining  one  for  the  files  of  his  ofl&ce; 
the  other  he  shall  deliver  for  the  use  of  the  master. 

Sec.  3117.  If  any  vessel  so  enrolled  or  licensed  shall  touch  at  any 
intermediate  port  of  the  United  States,  and  there  discharge  cargo  taken 
on  board  at  an  American  port,  or  at  such  intermediate  ports  shall  take 
on  board  cargo  destined  for  an  American  port,  the  master  of  such  ves- 
sel shall  not  be  required  to  report  such  lading  or  unlading  at  such  inter- 
mediate ports,  but  shall  enter  the  same  on  his  manifest  obtained  at  the 
original  port  of  departure,  which  he  shall  deliver  to  the  collector  of  the 
port  at  which  the  unlading  of  the  cargo  is  completed,  within  twenty-four 
hours  after  arrival,  and  shall  subscribe  and  make  oath  as  to  the  truth 
and  correctness  of  the  same. 

Sec.  3118.  The  master  of  any  vessel  so  enrolled  or  licensed  shall,  before 
departing  from  a  port  in  one  collection -district  to  a  i)lace  in  another 
collection-district,  where  there  is  no  custom-house,  file  his  manifest,  and 
obtain  a  clearance  in  the  same  manner,  and  make  oath  to  the  manifest, 
which  manifest  and  clearance  shall  be  delivered  to  the  i)roper  ofiicer  of 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       403 

•customs  at  the  port  at  which  the  vessel  uext  arrives  after  leaving  the 
place  of  destination  specified  in  the  clearance. 

Sec.  3119.  Xothing  contained  in  the  three  preceding  sections  shall 
«xenpt  masters  of  vessels  from  reporting,  as  now  required  bj'  law,  any 
merchandise  destined  for  any  foreign  ])ort.  No  permit  shall  be  required 
for  the  unlading  of  cargo  brought  from  an  American  port. 

Sec.  31150.  No  merchandise  taken  from  any  port  in  the  United  States 
on  the  northern,  northeastern,  or  northwestern  frontiers  thereof,  to  a 
port  in  another  collection-district  of  the  United  States  on  such  frontiers, 
in  any  vessel,  shall  be  unladen  or  delivered  from  such  vessel  within  the 
United  States,  but  in  open  day,  that  is  to  say,  between  the  rising  and 
setting  of  the  sun,  except  by  special  license  from  the  collector  or  other 
principal  oflHcer  of  the  port  for  the  purjiose.  The  owner  of  every  vessel 
whose  master  or  manager  shall  neglect  to  comply  with  the  provisions 
of  this  section  shall  be  liable  to  a  penalty  of  not  less  than  one  hundred 
dollars  nor  more  than  five  hundred.  The  Secretary  of  the  Treasury 
may,  from  time  to  time,  make  such  regulations  as  to  him  shall  seem 
necessary  and  expedient  for  unloading  at  and  clearance  from  any  port 
or  place  on  such  frontiers  of  ships  or  vessels  at  night.  And  the  Secre- 
tary of  the  Treasury  be,  and  he  is  hereby,  authorized,  in  his  discretion, 
to  make  such  regulations  as  shall  enable  vessels  engaged  in  the  coasting 
trade  between  ports  and  places  upon  Lake  Michigan  exclusively,  and 
laden  with  American  productions  and  free  merchandise  only,  to  unlade 
their  cargoes  without  previously  obtaining  a  permit  to  unlade. 

Sec.  3121.  The  master  of  any  vessel  with  cargo,  passengers,  or  bag- 
gage from  any  foreign  port,  shall  obtain  a  permit  and  comply  with  ex- 
isting laws,  before  discharging  or  landing  the  same. 

Sec.  3122.  The  master  of  any  vessel  so  enrolled  or  licensed,  destined 
with  a  cargo  from  a  place  in  the  United  States,  at  which  there  may  be 
no  custom-house,  to  a  port  where  there  may  be  a  custom-house,  shall, 
within  twenty-four  liours  after  arrival  at  the  port  of  destination,  deliver 
to  the  proper  officer  of  the  customs  a  manifest,  subscribed  by  him,  set- 
ting forth  the  cargo  laden  at  the  place  of  departure,  or  laden  or  unladen 
at  any  intermediate  port,  or  place,  to  the  truth  of  which  manifest  he 
shall  make  oath  before  such  officer.  If  the  vessel,  however,  have  no 
■cargo,  the  master  shall  not  be  required  to  deliver  such  manifest. 

Sec.  3123.  Steam-tugs  duly  enrolled  and  licensed  to  engage  in  the 
foreign  and  coasting  trade  on  the  northern,  northeastern,  and  north- 
western frontiers  of  the  United  States,  when  exclusively  employed  in 
towing  vessels,  sliall  not  be  required  to  report  and  clear  at  the  custom- 
house!^ When  such  steam-tugs,  however,  are  employed  in  towing  rafts 
or  other  vessels  without  sail  or  steam  motive-power,  not  required  to  be 
enrolled  or  licensed  under  existing  laws,  they  shall  be  required  to  re- 
port and  clear  in  the  same  manner  as  is  hereinbefore  provided  in  similar 
cases  for  other  vessels. 

Sec.  3124.  The  manifests,  certificatesof  clearance,  and  oaths,  provided 
for  by  the  eight  preceding  sections,  shall  be  in  such  form,  and  prepared, 
filled  up,  and  executed  in  such  manner  as  the  Secretary  of  the  Treasury 
may  from  time  to  time  prescribe. 

Sec.  3125.  If  the  master  of  any  enrolled  or  licensed  vessel  shall  neg- 
lect or  fail  to  comply  with  any  of  the  i)rovisions  or  requirements  of  the 
nine  preceding  sections,  such  master  shall  forfeit  and  pay  to  the  United 
States  the  sum  of  twenty  dollars  for  each  and  every  failure  or  neglect, 
and  for  which  sum  the  vessel  shall  be  liable,  and  may  be  summarily 
proceeded  against,  by  way  of  libel,  in  any  district  court  of  the  United 
States. 


404  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Sec.  312G.  Auy  vessel,  on  beiiifj  duly  registered  in  pursuance  of  the 
laws  of  the  United  States,  may  engage  in  trade  between  one  port  in 
the  United  States  and  one  or  more  ports  within  the  same,  with  the 
privilege  of  touching  at  one  or  more  foreign  ports  during  the  voyage^ 
and  laud  and  take  in  thereat  merchandise,  [)assengers  and  their  bag- 
gage, and  letters,  and  mails.  All  such  vessels  shall  be  furnished  by 
the  collectors  of  the  ports  at  which  they  shall  take  in  their  cargoes  iu 
the  United  States,  with  certified  manifests,  setting  fortii  the  particulars 
of  the  cargoes,  the  marks,  number  of  packages,  by  whom  shipped,  to 
whom  consigned,  at  what  port  to  be  delivered;  designating  such  mer- 
chandise as  is  entitled  to  drawback,  or  to  the  privilege  of  being  placed 
in  warehouse;  and  the  masters  of  all  such  vessels  shall,  on  their  arrival  at 
any  part  of  the  United  States  from  any  foreign  port  at  which  such  vessel 
may  have  touched,  as  herein  provided,  conform  to  the  laws  providing 
for  the  delivery  of  manifests  of  cargo  and  passengers  taken  on  board  at 
such  foreign  port,  and  all  other  laws  regulating  the  report  and  entry 
of  vessels  from  foreign  ports,  and  be  subject  to  all  the  penalties  therein 
prescribed. 

Sec.  3127.  Any  foreign  merchandise  taken  in  at  one  port  of  the  United 
States  to  be  conveyed  in  registered  vessels  to  any  other  port  within  the 
same,  either  under  the  provisions  relating  to  warehouses,  or  under  the 
laws  regulating  the  transportation  coastwise  of  merchandise  entitled  to 
drawback,  as  well  as  any  merchandise  not  entitled  to  drawback,  but  on 
which  the  import  duties  chargeable  by  law  shall  have  been  duly 
paid,  shall  not  become  subject  to  auy  import  duty  by  reason  of  the 
vessel  in  which  they  may  arrive  having  touched  at  a  foreign  port  during 
the  voyage. 

Sec.  3128.  When  any  merchandise  shall  be  imported  from  Canada 
into  the  United  States,  in  any  steamboat  on  Lake  Champlain,  and  the 
merchandise  shall  have  been  duly  entered,  the  duties  thereon  paid  at 
the  office  of  the  collector  of  any  district  adjoining  Lake  Champlain,  it 
shall  be  lawful  to  land  such  merchandise  in  the  same  or  any  other  dis- 
trict adjoining  Lake  Champlain. 

Sec.  3129.  The  Secretary  of  the  Treasury,  with  the  approbation  of 
the  President,  provided  the  latter  shall  be  satisfied  that  similar  privi- 
leges are  extended  to  vessels  of  the  United  States  in  the  colonies  herein- 
after mentioned,  is  hereby  authorized,  under  such  regulations  as  he  may 
prescribe  to  protect  the  revenue  from  fraud,  to  permit  vessels  laden  with 
the  products  of  Canada,  New  Brunswick,  Nova  Scotia,  Newfoundland, 
and  Prince  Edward ['s]  Island,  or  either  of  them,  to  lade  or  unlade  at  any 
port  within  any  collection-district  of  the  United  States  which  he  may 
designate ;  and  if  any  such  vessel  entering  a  port  so  designated,  to  lade 
or  unlade,  shall  neglect  or  refuse  to  comply  with  the  regulations  so 
prescribed  by  the  Secretary  of  the  Treasury,  such  vessel,  and  the 
owner  and  master  thereof,  shall  be  subject  to  the  same  penalties  as  if 
no  authority  under  this  section  had  been  granted  to  lade  or  unlade  in 
such  port. 

Note. — No  sectious  numbered  3130  to  3139,  iuclusive,  are  found  iu  the  Revised  Stat- 
utes as  printed. 


Au  act  to  provide  for  the  separate  entry  of  packages  contained  in  one  importation. 

Be  it  enacted  by  the  Senate  and  Rouse  of  Represenfativcs  of  the  United 
States  of  America  in  Congress  assembled,  That  a  separate  entry  may  be 
made  of  one  or  more  packages  contained  in  an  importation  of  packed 


NAVIGATION   LAWS    OF    THE    UNITED    STATES.  405 

packajjes  consigned  to  one  importer  or  consignee,  and  concerning  which 
packed  packages,  no  invoice,  or  statement  of  contents  or  values,  has 
been  received.  Every  such  entry  shall  contain  a  declaration  ot  the 
whole  number  of  parcels  contained  in  such  original  packed  package; 
and  shall  embrace  all  the  goods,  wares,  and  merchandise  imported  in 
one  vessel  at  one  time  for  one  and  the  same  actual  owner,  or  ultimate 
consignee. 

Sec.  2.  That  the  importer,  consignee,  or  agent's  oath  prescribed  by 
section  twenty-eight  hundred  forty-one  of  the  Revised  Statutes,  is 
hereby  modified  for  the  purposes  of  this  act,  so  as  to  require  the  im- 
porter, consignee,  or  agent  to  declare  therein  that  the  entry  contains  an 

account  of  all  the  goods imported  in  the whereof 

is  master,  from for  account  of ,  which  oath 

so  modified,  shall  in  each  case,  be  taken  on  the  entry  of  one  or  more 
packages  contained  in  an  original  package.  But  nothing  in  this  act 
contained  shall  be  construed  to  relieve  the  importer,  consignee,  or  agent 
from  producing  the  oath  of  the  owner  or  ultimate  consignee  in  every 
case,  now  required  by  law  ;  or  to  provide  that  an  importation  may  con- 
sist of  less  than  the  whole  number  of  parcels  contained  in  any  packed 
package,  or  packed  packages  consigned  in  one  vessel  at  one  time,  to 
one  importer,  consignee  or  agent. 

Sec.  3.  That  all  provisions  of  law  inconsistent  herewith  are  hereby 
repealed. 

Approved  May  6,  1876. 


Chap.  193— Au  act  to  auieud  the  customs-revenue  laws  and  to  repeal  naoieties. 

Be  it  enacted  by  the  Seiiote  and  House  of  Representatives  of  the  United 
States  of  America  in  Conqress  assembled,  That  the  thirty-ninth  section  ot 
the  act  entitled  "An  act  further  to  prevent  smuggling,  and  for  other 
purposes,"  approved  July  eighteenth,  eighteen  hundred  and  sixty-six; 
and  the  second  section  of  the  act  entitled  "An  act  to  regulate  the  dis- 
position of  the  proceeds  of  fines,  penalties,  and  forfeitures  incurred  un- 
der the  laws  relating  to  the  customs,  and  for  other  purposes,"  approved 
March  second,  eighteen  hundred  and  sixty-seven,  be,  and  the  same  are 
herebv,  rei)ealed. 

Sec.  2.  That  all  provisions  of  law  under  which  moieties  of  any  fines, 
penalties,  or  forfeitures,  under  the  customs-revenue  laws,  or  any  share 
therein,  or  commission  thereon,  are  paid  to  informers,  or  officers  of  cus- 
toms, or  other  officers  of  the  United  States,  are  hereby  repealed  ;  and 
from  and  after  the  date  of  the  passage  of  this  act  the  i)roceeds  of  all 
such  fines,  penalties,  and  forfeitures  shall  be  paid  into  the  Treasury  of 
the  Ignited  States. 

Sec.  3.  Tliat  it  shall  hereafter  be  the  duty  of  the  Secretary  of  the 
Treasury,  out  of  any  money  s|)ecifically  appropriated  by  Congress,  to 
make  suitable  compensation  in  certain  cases  under  the  customs-revenue 
laws;  as  hereinafter  provided,  and  not  otherwise  ;  and  for  the  purpose  of 
making  such  comi)ensation  for  the  next  fiscal  year,  the  sum  of  one  hun- 
dred thousand  dollars  is  hereby  appropriated  out  of  any  money  in  the 
Treasury  not  otherwise  api)ropriated ;  and  he  shall  annually  report  to 
Congress,  in  detail,  all  payments  by  him  for  such  purpose. 

Sec.  -4.  That  whenever  any  officer  of  tlie  customs  or  other  person  shall 
detect  and  seize  goods,  wares,  or  merchandise,  in  the  act  of  being  smug- 
gled, or  which  have  been  smuggled,  he  shall  be  entitled  to  such  com- 
pensation therefor  as  the  Secretary  of  the  Treasury  shall  award,  not  ex- 


406       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

ceeding  in  amount  one-half  of  the  net  proceeds,  if  any,  resulting  from 
such  seizure,  after  deducting  all  duties,  costs,  and  charges  connected 
therewith :  Provided,  That  for  the  purposes  of  this  act  smuggling  shall 
1)6  construed  to  mean  the  act,  with  intent  to  defraud,  of  bringing  into  the 
United  States,  or,  with  like  intent,  attempting  to  bring  into  the  United 
States,  dutiable  articles  without  passing  the  same,  or  the  package  con- 
taining the  same,  through  the  custom-house,  or  submitting  them  to  the 
officers"  of  the  revenue  for  examination.  And  whenever  any  person 
not  an  officer  of  the  United  States  shall  furnish  to  a  district  attorney, 
or  to  any  chief  officer  of  the  customs,  original  information  concerning 
any  fraud  upon  the  customs-revenue,  perpetrated  or  contemplated, 
which  shall  lead  to  the  recovery  of  any  duties  withheld,  or  of  any  fine, 
penalty,  or  forfeiture  incurred,  whether  by  importers  or  their  agents,  or 
by  any  officer  or  person  employed  in  the  customs-service,  such  compen- 
sation may,  on  such  recovery,  be  paid  to  such  person  so  furnishing 
information  as  shall  be  just  and  reasonable,  not  exceeding  in  any  case 
the  sum  of  five  thousand  dollars ;  which  compensation  shall  be  paid 
under  the  direction  of  the  Secretary  of  the  Treasury,  out  of  any  money 
appropriated  for  that  purpose. 

Sec.  5.  That  in  all  suits  and  proceedings  other  than  criminal  arising 
under  any  of  the  revenue-laws  of  the  United  States,  the  attorney 
representing  the  Government,  whenever,  in  his  belief,  any  business- 
book,  invoice,  or  paper,  belonging  to  or  under  the  control  of  the  de- 
fendant or  claimant,  will  tend  to  prove  any  allegation  made  by  the 
United  States,  may  make  a  written  motion,  particularly  describing  such 
book,  invoice,  or  paper,  an»l  setting  forth  the  allegation  which  he  ex- 
pects to  prove;  and  thereupon  the  court  in  which  suit  or  proceeding 
is  jDeuding  may,  at  its  discretion,  issue  a  notice  to  the  defendant  or 
claimant  to  produce  such  book,  invoice,  or  paper  in  court,  at  a  day  and 
hour  to  be  specified  in  said  notice,  which,  together  with  a  copy  of  said 
motion,  shall  be  served  formally  on  the  defendant  or  claimant  by  the 
United  States  marshal  by  delivering  to  him  a  certified  copy  thereof,  or 
otherwise  serving  the  same  as  original  notices  of  suit  in  the  same  court 
are  served;  and  if  the  defendant  or  claimant  shall  fail  or  refuse  to  pro- 
duce such  book,  invoice,  or  paper  in  obedience  to  such  notice,  the 
allegations  stated  in  the  said  motion  shall  be  taken  as  confessed  unless 
his  failure  or  refusal  to  produce  the  same  shall  be  explained  to  the  satis- 
faction of  the  court.  And  if  produced,  the  said  attorney  shall  be 
permitted,  under  the  direction  of  the  court,  to  make  examination  (at 
which  examination  the  defendant  or  claimant,  or  his  agent,  may  be 
present)  of  such  entries  in  said  book,  invoice,  or  paper  as  relate  to  or  tend 
to  prove  the  allegation  aforesaid,  and  may  offer  the  same  in  evidence  on 
behalf  of  the  United  States.  But  the  owner  of  said  books  and  papers, 
his  agent  or  attorney,  shall  have,  subject  to  the  order  of  the  court,  the 
custody  of  them,  except  pending  their  examination  in  court  as  afore- 
said. 

Sec.  C.  That  no  payment  shall  be  made  to  any  person  furnishing 
information  in  any  case  wherein  judicial  proceedings  shall  have  been 
instituted,  unless  his  claim  to  compensation  shall  have  been  established 
to  the  satisfaction  of  the  court  or  judge  having  cognizance  of  such 
proceedings,  and  the  value  of  his  services  duly  certified  by  said  court 
or  judge  for  the  information  of  the  Secretary  of  the  Treasury;  but  no 
certificate  of  the  value  of  such  services  shall  be  conclusive  of  the 
amount  thereof.  And  when  anj^  fine,  penalty,  or  forfeiture  shall  be 
collected  without  judicial  proceedings,  the  Secretary  of  the  Treasury 
shall,  before  directing  payment  to  any  person  claiming  such  compen- 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  407 

satiou,  require  satisfactory  proof  that  such  person  is  justly  entitled 
thereto. 

Sec.  7.  That  except  in  cases  of  smuggling-  as  aforesaid,  it  shall  not 
be  lawful  for  any  officer  of  the  United  States,  under  any  pretense  what- 
ever, directly  or  indirectly,  to  receive,  accept,  or  contract  for  any  por- 
tion of  the  money  which  may,  under  any  of  the  provisions  of  this  or 
any  other  act,  accrue  to  any  such  person  furnishing  information  ;  and 
any  such  officer  who  shall  so  receive,  accept,  or  contract  for  any  portion 
of  "the  money  that  may  accrue  as  aforesaid  shall  be  guilty  of  a  misde- 
meanor, and,  on  conviction  thereof,  shall  be  liable  to  a  fine  not  exceed- 
ing five  thousand  dollars,  or  imprisonment  for  not  more  than  one  year, 
or  both,  in  the  discretion  of  the  court,  and  shall  not  be  thereafter  eligi- 
ble to  any  office  of  honor,  trust,  or  emolument.  And  any  such  person 
so  furnishing  information  as  aforesaid,  who  shall  pay  to  any  such  officer 
of  the  United  States,  or  to  any  person  for  his  use,  directly  or  indirectly, 
any  portion  of  said  money,  or  any  other  valuable  thing,  on  account  of 
or  because  of  such  mouey,  shall  have  a  right  of  action  against  such 
officer  or  other  person,  and  his  legal  representatives,  to  recover  back 
the  same,  or  the  value  thereof. 

Sec.  8.  That  no  officer,  or  other  person  entitled  to  or  claiming  com- 
pensation under  any  provision  of  this  act,  shall  be  thereby  disqualified 
from  becoming  a  witness  in  any  action,  suit,  or  proceeding  for  the  re- 
covery, mitigation,  or  remission  thereof,  but  shall  be  subject  to  exami- 
nation and  cross-examination  in  like  manner  with  other  witnesses, 
without  being  thereby  depriv^ed  of  any  right,  title,  share,  or  interest  in 
any  fine,  penalty,  or  forfeiture  to  which  such  examinatiou  may  relate ; 
and  in  every  such  case  the  defendant  or  defendants  may  appear  and 
testify  and  be  examined  and  cross-examined  in  like  manner. 

Sec.  9.  Tliat  except  in  the  case  of  personal  effects  accompanying  the 
passenger,  no  importation  exceeding  one  hundred  dollars  in  dutiable 
value  shall  be  admitted  to  entry  without  the  production  of  a  duly-cer- 
tified invoice  thereof  as  required  by  law,  or  of  an  affidavit  made  by  the 
owner,  importer,  or  consignee,  before  any  officer  authorized  to  admin- 
ister oaths,  showing  why  it  is  impracticable  to  produce  such  invoice. 

Sec.  10.  That  no  entry  shall  be  made  in  the  absence  of  a  certified 
invoice,  upon  affidavit  as  aforesaid,  unless  such  affidavit  be  accom- 
panied by  a  statement,  in  the  form  of  an  invoice  or  otherwise,  showing 
either  the  actual  cost  of  the  merchandise  included  in  such  importation, 
or,  to  the  best  of  the  knowledge,  information,  and  belief  of  the  depo- 
nent, the  foreign  market  value  thereof;  which  statement  shall  be  veri- 
fied by  the  owner,  importer,  consignee,  or  agent  desiring  to  make  entry 
of  the  merchandise,  and  which  oath  shall  be  administered  by  the  col- 
lector or  his  deputy. 

Sec.  11.  That  before  such  oath  is  taken,  it  shall  be  lawful  for  the  col- 
lector or  deputy  administering-  the  same  to  question  the  deponent  touch- 
ing the  sources  of  his  knowledge,  infornuition,  or  belief  in  the  premises, 
and  to  require  him  to  make  oath  to  the  same,  and  to  produce  any  letter 
or  paper,  in  his  possession  or  under  his  control,  which  nuiy  assist  the 
officers  of  the  customs  in  ascertaining  the  dutiable  value  of  the  imi)ort{i- 
tion,  or  any  part  thereof ;  and  in  default  of  such  production,  when  so 
requested,  such  owner,  importer,  consignee,  and  agent  shall  be  there- 
after debarred  from  ])roducing  any  such  letter  or  paper  for  the  purpose 
of  avoiding-  any  penalty  or  forfeiture  incurred  under  this  act,  unless  he 
shall  show  to  the  satisfaction  of  the  court  that  it  was  not  in  his  power 
to  produce  the  same  when  so  demanded. 

Sec.  12.  That  any  owner,  importer,  consignee,  agent,  or  other  person 


408  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

who  shall,  with  intent  to  defraud  the  revenue,  make,  or  attempt  to 
make,  any  entry  of  imported  merchandise,  by  means  of  any  fraudulent 
or  false  invoice,  affidavit, letter,  or  paper,  or  by  means  of  any  false  state- 
ment, written  or  verbal,  who  shall  be  guilty  of  any  willful  act  or 
omission  by  means  whereof  the  United  States  shall  be  deprived  of  the 
lawful  duties,  or  any  portion  thereof,  accruing  upon  the  merchandise,  or 
any  portion  thereof,  embraced  or  referred  to  in  such  invoice,  afiQdavit, 
letter,  paper,  or  statement,  or  affected  by  such  act  or  omission,  shall, 
for  each  offense,  be  fined  in  any  sum  not  exceeding  five  thousand  dollars 
nor  less  than  fifty  dollars,  or  be  imprisoned  for  any  time  not  exceeding 
two  years,  or  both ;  and,  in  addition  to  such  fine,  such  merchandise 
shall  be  forfeited ;  which  forfeiture  shall  only  apply  to  the  whole  of  the 
merchandise  in  the  case  or  package  containing  the  particular  article  or 
articles  of  merchandise  to  which  such  fraud  or  alleged  fraud  relates ; 
and  anything  contained  in  any  act  which  provides  for  the  forfeiture  or 
confiscation  of  an  entire  Invoice  in  consequence  of  any  item  or  items 
contained  in  the  same  being  undervalued,  be,  and  the  same  is  hereby, 
repealed. 

Sec.  13.  That  any  merchandise  entered  by  any  person  or  persons  vio- 
lating any  of  the  provisions  of  the  preceding  section,  but  not  subject  to 
forfeiture  under  the  same  section,  may,  while  owned  by  him  or  them,  or 
while  in  his  or  their  possession,  to  double  the  amount  claimed,  be  taken 
by  the  collector  and  held  as  security  for  the  payment  of  any  fine  or  fines 
incurred  as  aforesaid,  or  may  be  levied  upon  and  sold  on  execution  to 
satisfy  any  judgment  recovered  for  such  fine  or  fines.  But  nothing 
herein  contained  shall  prevent  any  owner  or  claimant  from  obtaining  a 
release  of  such  merchandise  on  giving  a  bond,  with  sureties  satisfactory 
to  the  collector,  or,  in  case  of  judicial  proceedings,  satisfactory  to  the 
court,  or  the  judge  thereof,  for  the  payment  of  any  fine  or  fines  so  in- 
curred: Provided,  hoicever,  That  snch  merchandise  shall  in  no  case  be 
released  until  all  accrued  duties  thereon  shall  have  been  paid  or  secured. 

Sec.  14.  That  wherever  any  statute  requires  that,  to  the  cost  or  market- 
value  of  any  goods,  wares,  and  merchandise  imported  into  the  United 
States,  there  shall  be  added  to  the  invoice  thereof,  or,  upon  the  entry  of 
such  goods,  wares,  and  merchandise,  charges  for  inland-transportation, 
commissions,  port-duties,  expenses  of  shipping,  export-duties,  cost  of 
packages,  boxes,  or  other  articles  containing  such  goods,  wares,  and 
merchandise,  or  any  other  incidental  expenses  attending  the  packing, 
shipping,  or  exportation  thereof  from  the  country  or  place  where  pur- 
chased or  manufactured,  the  omission,  without  intent  thereby  to  defraud 
the  revenue,  to  add  and  state  the  same  on  such  invoice  or  entry  shall 
not  be  cause  of  a  forfeiture  of  such  goods,  wares,  and  merchandise,  or 
of  the  value  thereof;  but  in  all  cases  where  the  same,  or  any  i)art  thereof, 
are  omitted,  it  shall  be  the  duty  of  the  collector  or  appraiser  to  add  the 
same,  for  the  purpose  of  duty,  to  such  invoice  or  entry,  either  in  items 
or  in  gross,  at  such  price  or  amount  as  he  shall  deem  just  and  reason- 
able, (which  price  or  amount  shall,  in  the  absence  of  protest,  be  conclu- 
sive,) and  to  impose  and  add  thereto  the  further  sum  of  one  hundred 
per  centum  of  the  price  or  amount  so  added;  which  addition  shall  con- 
stitute a  part  of  the  dutiable  value  of  such  goods,  wares,  and  merchan- 
dise, and  shall  be  collectible  as  provided  by  law  in  respect  to  duties  on 
imports. 

Sec.  15.  That  it  shall  be  the  duty  of  any  officer  or  ])erson  employed 
in  the  customs-revenue  service  of  the  United  States,  upon  detection  of 
any  violation  of  the  customs-laws,  forthwith  to  make  complaint  thereof 
to  the  collector  of  the  district,  whose  duty  it  shall  be  promptly  to  report 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  409 

the  same  to  the  district  Httoniey  of  the  district  in  which  such  frauds 
shall  be  committed.  Immediately  upon  the  receipt  of  such  complaint, 
f,  in  his  judgment,  it  can  be  sustained,  it  shall  be  the  duty  of  such  dis- 
trict attorney  to  cause  investigation  into  the  facts  to  be  made  before  a 
United  States  commissioner  having  jurisdiction  thereof,  and  to  initiate 
proper  proceedings  to  recover  the  tines  and  penalties  in  the  premises, 
and  to  prosecute  the  same  with  the  utmost  diligence  to  tinal  judgment. 

Sec.  16.  That  in  all  actions,  suits,  and  proceedings  in  any  court  of 
the  United  States  now  pending  or  hereafter  commenced  or  prosecuted 
to  enforce  or  declare  the  forfeiture  of  any  goods,  wares,  or  merchandise, 
or  to  recover  the  value  thereof,  or  any  other  sum  alleged  to  be  forfeited 
by  reason  of  any  violation  of  the  provisions  of  the  customs  revenue  laws, 
or  any  of  such  provisions,  in  which  action,  suit,  or  proceeding  an  issue 
or  issues  of  fact  shall  have  been  joined,  it  shall  be  the  duty  of  the  court, 
on  the  trial  thereof,  to  submit  to  the  jury,  as  a  distinct  and  separate 
proposition,  whether  the  alleged  acts  were  done  with  an  actual  inten- 
tion to  defraud  the  United  States,  and  to  require  upon  such  proposition 
a  special  finding  by  such  jury;  or,  if  such  issues  be  tried  by  the  court 
without  a  jury,  it  shall  be  the  duty  of  the  court  to  pass  upon  and  decide 
such  proposition  as  a  distinct  and  separate  finding  of  fact ;  and  in  such 
cases,  unless  intent  to  defraud  shall  be  so  found,  no  fine,  penalty,  or 
forfeiture  shall  be  imposed. 

Sec.  17.  That  whenever,  for  an  alleged  violation  of  the  customs-reve- 
nue laws,  any  person  who  shall  be  charged  with  having  incurred  any 
fine,  penalty,  forfeiture,  or  disability  other  than  imprisonment,  or  shall 
be  interested  in  any  vessel  or  merchandise  seized  or  subject  to  seizure, 
when  the  appraised  value  of  such  vessel  or  merchandise  is  not  less  than 
one  thousand  dollars,  shall  present  his  petition  to  the  judge  of  the  dis- 
trict in  which  the  alleged  violation  occurred,  or  in  which  the  property  is 
situated,  setting  forth,  truly  and  particularly,  the  facts  and  circum, 
stances  of  the  case,  and  praying  for  relief,  such  judge  shall,  if  the  case- 
in his  judgment,  requires,  proceed  to  inquire,  in  a  summary  manner  into 
the  circumstances  of  the  case,  at  such  reasonable  time  as  may  be  fixed 
by  him  for  that  purpose,  of  which  the  district  attorney  and  the  collector 
shall  be  notified  by  the  petitioner,  in  order  that  they  may  attend  and 
show  cause  why  the  petition  should  be  refused. 

Sec.  18.  That  the  summary  investigation  hereby  provided  for  may  be 
held  before  the  judge  to  whom  the  petition  is  presented,  or,  if  he  shall 
so  direct,  before  any  United  States  commissioner  for  such  district,  and 
the  facts  appearing  thereon  shall  be  stated  and  annexed  to  the  petition, 
and,  together  with  a  certified  copy  of  the  evidence,  transmitted  to  the 
Secretary  of  the  Treasury,  who  shall  thereupon  have  power  to  mitigate 
or  remit  such  fine,  penalty,  or  forfeiture,  or  remove  such  disability,  or 
any  part  thereof,  if,  in  his  opinion,  the  same  shall  have  been  incurred 
without  willful  negligence  or  any  intention  of  fraud  in  the  person  or 
persons  incurring  the  same,  and  to  direct  the  prosecution,  if  any  shall 
have  been  instituted  for  the  recovery  thereof,  to  cease  and  be  discon- 
tinued upon  such  terms  or  conditions  as  he  may  deem  reasonable  and 
just. 

Sec.  19.  That  it  shall  not  be  lawful  for  any  officer  or  officers  of  the 
United  States  to  comj^romise  or  abate  any  claim  of  the  United  States 
arising  under  the  customs  laws,  for  any  fine,  penalty,  or  forfeiture  in- 
curred by  a  violation  thereof;  and  any  officer  or  person  who  shall  so 
compromise  or  abate  any  such  claim,  or  attempt  to  make  such  compro- 
mise or  abatement,  or  in  any  manner  relieve  or  attempt  to  relieve  from 
such  fine,  penalty,  or  forfeiture,  shall  be  deemed  guilty  of  a  felony,  and, 


410  NAVIGATION   LAWS    OF    THE   UNITED    STATES. 

on  conviction  thereof,  shall  suffer  imprisonment  not  exceeding  ten  years, 
and  be  fined  not  exceeding  ten  thousand  doUars:  Provided,  hoicever^ 
That  the  Secretary  of  the  Treasury  shall  have  power  to  remit  any  tines, 
penalties,  or  forfeitures,  or  to  compromise  the  same,  in  accordance  with 
existing  law. 

Sec.  20.  That  whenever  any  application  shall  be  made  to  the  Secre- 
tary of  the  Treasury  for  the  mitigation  or  remission  of  any  tine,  pen- 
alty, or  forfeiture,  or  the  refund  of  any  duties,  in  case  the  amount  in- 
volved is  not  less  than  one  thousand  dollars,  the  applicant  shall  notify 
the  district  attorney  and  the  collector  of  customs  of  th^  district  in 
which  the  duties,  fine,  penalty,  or  forfeiture  accrued ;  and  it  shall  be 
the  duty  of  such  collector  and  district  attorney  to  furnish  to  the  Secre- 
tary of  the  Treasury  all  practicable  information  necessary  to  enable  him 
to  protect  the  interests  of  the  United  States. 

Sec.  21.  That  whenever  any  goods,  wares,  and  merchandise  shall  have 
been  eutered  and  passed  free  of  duty,  and  whenever  duties  upon  any 
imported  goods,  wares,  and  merchandise  shall  have  been  liquidated  and 
paid,  and  such  goods,  wares,  and  merchandise  shall  bave  been  delivered 
to  the  owner,  importer,  agent,  or  consignee,  such  entry  and  passage  free 
of  duty  and  such  settlement  of  duties  shall,  after  the  expiration  of  one 
year  from  the  time  of  entry,  in  the  absence  of  fraud  and  in  the  absence 
of  protest  by  the  owner,  importer,  agent,  or  consignee,  be  final  and  con- 
clusive upon  all  parties. 

Sec.  22.  That  no  suit  or  action  to  recover  any  pecuniary  penalty  or 
forfeiture  of  property  accruing  under  the  customs  revenue  laws  of  the 
United  States  shall  be  instituted  unless  such  suit  or  action  shall  be  com- 
menced within  three  years  after  the  time  when  such  penalty  or  forfeit- 
ure shall  have  accrued :  Provided,  That  the  time  of  the  absence  from 
the  United  States  of  the  person  subject  to  such  penalty  or  forfeiture,  or 
of  any  concealment  or  absence  of  the  property,  shall  not  be  reckoned 
within  this  period  of  limitation. 

Sec.  23.  That  in  lieu  of  the  salaries,  moieties,  and  perquisites  of  what- 
ever name  or  nature,  and  commissions  on  disbursements,  now  paid  to 
and  received  by  the  collectors,  naval  officers,  and  surveyors  connected 
with  the  customs  service  in  the  several  collection  districts  of  the  United 
States  hereinafter  named,  there  shall  be  paid,  from  and  after  the  first 
day  of  July,  eighteen  hundred  and  seventy-lour,  an  annual  salary  as 
follows : 

To  the  collector  of  the  district  of  New  "York,  twelve  thousand  dollars. 

To  the  collectors  of  the  districts  of  Boston  and  Charlestown,  Massa- 
chusetts; and  Philadelphia,  Pennsylvania,  each  eight  thousand  dol- 
lars. 

To  the  collectors  of  the  district  of  San  Francisco,  California ;  Balti- 
more, Maryland;  and  New  Orleans,  Louisiana,  each  seven  thousand 
dollars. 

To  the  collector  of  the  district  of  Portland  and  Falmouth,  Maine,  six 
thousand  dollars. 

To  the  naval  officer  for  the  district  of  New  York,  eight  thousand  dol- 
lars. 

To  the  naval  officers  of  the  districts  of  Boston  and  Charlestown,  Mas- 
sachusetts; and  San  Francisco,  California ;  and  Philadelphia,  Pennsyl- 
vania, each  five  thousand  dollars. 

To  the  surveyor  of  the  port  of  New  York,  eight  thousand  dollars. 

To  the  surveyors  of  the  ports  of  Boston,  Massachusetts ;  and  San 
Francisco,  California;  and  Philadelphia,  Pennsylvania,  each  five  thou- 
sand dollars. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  411 

Sec.  24.  That  the  Secretary  of  the  Treasury  shall,  from  time  to  time, 
make  such  regulations  as  he  may  deem  necessary  for  the  conduct  and 
management  of  the  bonded  warehouses,  general  order  stores,  and  other 
depositories  of  the  imported  merchandise  throughout  the  United  States; 
all  regulations  or  orders  issued  by  collectors  of  customs  in  regard  thereto 
shall  be  subject  to  revision,  alteration,  or  revocation  by  him  ;  and  no 
warehouse  shall  be  bonded  and  no  general-order  store  established  with- 
out his  authority  and  approval.  And  it  shall  be  the  duty  of  the  Sec- 
retary of  the  Treasury,  in  granting  permits  to  establish  general-order 
warehouses,  to  require  such  warehouse  or  warehouses  to  be  located 
contiguous,  or  as  near  as  may  be,  to  the  landing  places  of  steamers 
and  vessels  from  foreign  ports ;  and  that  no  officer  of  the  customs  shall 
have  any  personal  ownership  of,  or  interest  in,  any  bonded  warehouse 
or  general-order  store. 

Sec.  25.  That  public  cartage  of  merchandise  in  the  custody  of  the 
Government  shall  be  let  after  not  less  than  thirty  days'  notice  of  such 
letting  to  the  lowest  responsible  bidder  giving  sufficient  security,  and 
shall  be  subject  to  regulations  approved  by  the  Secretary  of  the  Treas- 
ury. 

Sec.  26.  That  all  acts  and  parts  of  acts  inconsistent  with  the  provis- 
ions of  this  act  are  hereby  repealed ;  that  nothing  herein  contained  shall 
affect  existing  rights  of  the  United  States;  and  in  all  cases  in  which 
prosecutions  have  been  actually  commenced  for  forfeitures  incurred,  the 
Secretary  of  the  Treasury  shall  have  power  to  make  compensation,  as 
provided  in  the  fourth  section  of  this  act,  to  the  persons  who  would, 
under  former  laws,  have  been  entitled  to  share  in  the  distribution  of 
such  forfeitures. 

Ai)proved,  June  22,  1874. 


An  act  to  provide  for  the  admiuistration  of  the  oath  of  office  to  collectors  and  other 
officers  of  the  cnstoms  in  the  district  of  Alaska. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  until  the  formal  organiza- 
tion of  the  Territory  of  Alaska,  the  oath  of  office  required  by  law  to  be 
taken  by  a  collector,  or  other  officer  of  the  customs  in  Alaska,  may  be 
taken  before  the  judge  ot  any  circuit  or  district  court  of  the  United 
States. 

[May  2,  1878. J 


OIPORTED   LIQUOR   STAMPS,  ETC. 

Sec.  11.  That  all  distilled  spirits,  wines,  and  malt  liquors,  imported 
in  pipes,  hogsheads,  tierces,  bairels,  casks,  or  similar  packages,  shall 
be  first  placed  in  public  store  or  bonded  w^arehouse,  and  shall  not  be 
removed  therefrom  until  the  same  shall  have  been  inspected,  marked, 
and  branded  by  a  United  States  customs  ganger,  and  a  stamp  affixed 
to  each  package,  indicating  the  date  and  particulars  of  such  inspection^ 
and  the  Secretary  of  the  Treasury  is  hereby  authorized  to  prescribe  the 
the  form  of,  and  provide  the  requisite  number  of  stamps,  and  to  nuike 
all  regulations  which  he  may  deem  necessary  and  proper  for  carrying 
the  foregoing  requirements  into  effect. 

Any  pipe,  hogshead,  tierce,  barrel,  cask,  or  other  package  withdrawn 
from  public  store  or  bonded  warehouse  after  the  thirtieth  day  of  June, 


412  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

eighteen  hundred  and  seventy-nine,  purporting  to  contain  imported 
liquor,  found  without  having  thereon  the  stamp  hereby  required,  shall 
be,  with  its  contents,  forfeited  to  the  United  States. 

And  whenever  any  cask  or  package  of  imported  distilled  spirits  of 
not  less  than  five  wine-gallons  is  filled  for  shipment,  sale,  or  delivery 
on  the  premises  of  any  wholesale  liquor-dealer,  the  same  shall  be 
stamped  with  a  spe(!ial  stamp  for  imported  spirits,  under  such  rules  and 
regulations  as  the  Commissioner  of  Internal  Revenue  has  prescribed, 
or  may  hereafter  prescribe  in  the  case  of  domestic  distilled  spirits. 

Sec.  12.  That  every  person  who  empties  or  draws  off,  or  causes  to 
be  emptied  or  drawn  off,  the  contents  of  any  package  of  imported 
liquors  stamped  as  above  required,  shall,  at  the  time  of  such  emptying, 
efface,  obliterate,  and  destroy  the  stamp  thereon,  and  also  all  other 
marks  or  brands  which  shall  have  been  placed  tliereon  in  accordance 
with  the  law  or  regulations  concerning  imported  liquors;  (Rep.)  [and 
DO  cask  or  other  package,  such  as  is  hereinbefore  mentioned,  in  which 
distilled  spirits,  wines,  or  malt  liquors  have  been  imported,  shall  be 
used  to  contain  domestic  distilled  spirits  under  penalty  of  the  forfeiture 
of  such  re-used  cask  or  package  and  the  contents  thereof] 

Every  cask  or  other  package  from  which  the  stamp  for  imported 
liquors  required  by  this  act  to  be  placed  thereon  shall  not  be  ettaced, 
obliterated,  or  destroyed,  on  emptying  such  package,  shall  l)e  forfeited, 
and  the  same  may  be  seized  by  any  officer  of  internal  revenue  where- 
ever  found ;  and  all  the  provisions  and  penalties  of  section  thirty-three 
hundred  and  twenty-four  of  the  Revised  Statutes  of  the  United  States, 
relating  to  empty  casks  or  packages  from  which  the  marks,  brands,  or 
stamps  have  not  been  effaced  or  obliterated,  and  relating  to  the  re- 
moval of  stamps  from  packages,  and  to  having  in  possession  any  stamps 
so  removed,  shall  apply  to  the  stamps  for  imported  spirits  herein  pro- 
vided for,  and  to  the  casks  or  other  packages  on  which  such  stamps 
shall  have  been  used. 

Sec.  13.  That  if  any  person  shall  purchase  or  sell,  with  the  imported 
liquor  stamp  herein  required  remaining  thereon,  or  any  of  the  marks  or 
brands  which  shall  have  been  placed  thereon  in  accordance  with  the 
laws  or  regulations  concerning  imported  liquors  remaining  thereon,  any 
eask  or  other  package,  after  the  same  has  been  once  used  to  contain 
imported  liquors,  and  has  been  emptied;  or  if  any  person  shall  use  or 
have  in  possession  such  cask  or  package,  with  any  imitation  of  such 
marks  or  brands,  for  the  purpose  of  placing  domestic  distilled  spirits 
therein  for  sale;  (Rep.)  [or  shall  for  such  purpose  manufacture,  use,  or 
have  in  possession  any  cask  or  package  made  in  imitation  of,  or  intended 
to  be  in  the  similitude  of,  such  imported  casks  or  packages,  with  any 
imitation  of  sucii  marks  or  brands  thereon],  every  such  cask  or  pack- 
age, with  its  contents,  if  any,  shall  be  forfeited  to  the  United  States. 

Ami  every  such  person  who  shall  violate  any  of  the  provisions  of  this 
section  shall  be  liable  to  a  penalty  of  two  hundred  dollars  for  every 
such  cask  or  package  so  purchased,  sold,  (Rep.)  [manufacturedj,  used, 
or  had  in  possession. 

Approved,  March  1,  1879. 


An  act  authorizing  the  Secretary  of  the  Treasury  to  appoint  a  deputy-collector  at 
Lake  Charles,  Louisiana. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Secre  ary  be,  and  he 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  413 

is  hereby,  authorized  to  appoint  a  deputy-collector  at  Lake  Charles, 
Calcasieu  Parish,  State  of  Louisiana,  who  shall  have  power  to  enter 
and  clear  all  vessels  coming  to  that  port. 
[February  24,  1880.] 


Chap.  189. — An  act  to  regulate  the  compensatiou  of  night  inspectors  of  customs. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  hereafter  the  compensation 
to  inspectors  of  customs  employed  under  existing  law  for  service  at 
night  may  be  increased  by  the  Secretary  of  the  Treasury  at  such  ports 
as  he  may  think  it  advisable  so  to  do  to  a  sum  not  exceeding  three  dol- 
lars for  each  night's  service. 

Sec.  2.  That  all  acts  or  part  of  acts  being  inconsistent  with  the  above 
act  are  hereby  repealed. 

Approved,  June  10,  1880. 


Chap.  190. — An  act  to  amend  the  Statutes  in  relation  to  immediate  transportation  of 
dutiable  goods,  and  for  other  jjurposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  Th?it  when  any  merchandise, 
other  than  explosive  articles,  and  articles  in  bulk  not  provided  for  in 
section  fourof  this  act,  imported  at  the  ports  of  ^ew  York,  Philadelphia, 
Boston,  Baltimore,  Portland  and  Bath,  in  Maine,  Chicago,  Port  Huron, 
Detroit,  New  Orleans,  Norfolk,  Charleston  Savannah,  Mobile,  Galves- 
ton, Pensacola,  Florida,  Cleveland,  Toledo,  and  San  Francisco,  shall 
appear  by  the  invoice  or  bill  of  lading  and  manifest  of  the  importing 
vessel  to  be  consigned  to  and  destined  for  either  of  the  ports  specified  in 
the  seventh  section  of  this  act,  the  collector  at  the  port  of  arrival  shall 
allow  the  said  merchandise  to  be  shipped  immediately  after  the  entry 
prescribed  in  section  two  of  this  act  has  been  made. 

Sec.  2.  That  the  collector  at  the  port  of  first  arrival  shall  retain  in  his 
office  a  permanent  record  of  such  merchandise  so  to  be  forwarded  to  the 
port  of  destination,  and  such  record  shall  consist  of  a  copy  of  the  invoice 
and  an  entry  whereon  the  duties  shall  be  estimated  as  closely  as  possible 
on  the  merchandise  so  shipped,  but  no  oaths  shall  be,  required  on  the 
said  entry.  Such  merchandise  shall  not  be  subject  to  appraisement  and 
liquidation  of  duties  at  the  port  of  first  arrival,  but  shall  undergo  such 
examination  as  the  Secretary  of  the  Treasury  shall  deem  necessary  to 
verily  the  invoice ;  and  the  same  examination  and  appraisement  thereof 
shalf  be  required  and  had  at  the  port  of  destination  as  would  have  been 
required  at  the  port  of  first  arrival  if  such  merchandise  had  been 
entered  for  consumption  or  warehouse  at  such  port. 

Sec.  3.  That  such  merchandise  shall  be  delivered  to  and  transported 
by  common  carriers,  to  be  designated  for  this  purpose  by  the  Secretary 
of  the  Treasury,  and  to  and  by  none  others ;  and  such  carriers  shall  be 
responsible  to  the  United  States  as  common  carriers  for  the  safe  delivery 
of  such  merchandise  to  the  collector  at  the  port  of  its  destination;  and 
before  any  such  carriers  shall  be  permitted  to  receive  and  transport  any 
such  merchandise,  they  shall  become  bound  to  the  United  States  in 
bonds  of  such  form  and  amount,  and  with  such  conditions,  not  inconsist- 
ent with  law,  and  such  security  as  the  Secretary  of  the  Treasury  shall 
require. 


414       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

Sec.  4.  Thatsectious  twenty-eigbt  huudred  and  fifty-three  and  twenty- 
■eight  hundred  and  fifty-five  of  the  Revised  Statutes  of  the  United  States 
be,  and  the  same  are  hereby,  so  amended  as  to  require  that  all  invoices  of 
merchandise  imported  from  any  foreign  country  and  intended  to  be  trans- 
ported without  appraisement  to  any  of  the  ports  mentioned  in  the  seventh 
section  of  this  act,  shall  be  made  in  quadruplicate;  and  that  the  consul, 
vice-consul,  or  commercial  agent,  to  whom  the  same  shall  be  produced, 
shall  certify  each  of  said  quadruplicates  under  his  hand  aud  official  seal  in 
the  manner  required  by  section  twenty-eight  hundred  and  fifty-five  of 
the  Revised  Statutes,  aud  shall  then  deliver  to  the  person  producing  the 
same  two  of  the  quadruplicates,  one  to  be  used  in  making  entry  at  the 
port  of  first  arrival  of  the  merchandise  in  the  United  States,  and  one  to 
be  used  in  making  entry  at  the  port  of  destination,  file  another  in  his 
office,  there  to  be  carefully  preserved  and  as  soon  as  practicable  trans- 
mit the  remaining  one  to  the  collector  or  surveyor  of  the  port  of  final 
destination  of  the  merchandise :  Provided,  however.  That  no  additional 
fee  shall  be  collected  on  account  of  any  service  performed  under  the  re- 
<juirements  of  this  section. 

Sec.  5.  That  merchandise  transported  under  the  provisions  of  this 
act  shall  be  conveyed  in  cars,  vessels,  or  vehicles  securely  fastened  with 
locks  or  seals,  under  the  exclusive  control  of  the  officers  of  the  customs ; 
and  merchandise  may  also  be  transported  under  the  provisions  of  this 
act  by  express  companies,  on  passenger  trains,  in  safes  and  trunks, 
which  shall  be  of  such  size,  character,  and  description,  and  secured  in 
such  manner  as  shall  be  from  time  to  time  prescribed  by  the  Secretary, 
and  in  cases  where  merchandise  shall  be  imported  in  boxes  or  packages 
too  large  to  be  included  within  the  safes  or  trunks  so  prescribed,  such 
merchandise  may  be  transported,  under  the  provisions  of  this  act,  by 
such  express  companies,  in  a  separate  compartment  of  the  car,  secured 
in  such  manner  as  shall  from  time  to  time  be  prescribed  by  the  Secre- 
tary of  the  Treasury ;  and  merchandise  such  as  pig-iron,  spiegel-iron, 
scrap-iron,  iron  ore,  railroad-iron,  and  similar  articles  commonly  trans- 
ported upon  platform  or  flat  cars,  may  be  transported,  under  the  pro- 
visions of  this  act,  upon  such  platform  or  flat  cars,  and  the  weight  of 
such  merchandise  so  transported  shall  be  ascertained  in  all  cases  before 
shipment,  and  ordinary  railroad- scales  may  be  used  for  such  purpose; 
and  inspectors  shall  be  stationed  at  proper  points  along  the  designated 
routes,  or  upon  any  car,  vessel,  vehicle,  or  train  at  the  discretion  of  the 
Secretary  of  the  Treasury,  and  at  the  expense  of  the  companies,  respect- 
ively. Such  merchandise  shall  not  be  unladen  or  transshipped  between 
the  ports  of  first  arrival  and  final  destination,  unless  authorized  by  the 
regulations  of  the  Secretary  of  the  Treasury  in  cases  which  may  arise 
from  a  difference  in  the  gauge  of  railroads,  or  from  accidents,  or  from 
legal  intervention,  or  when  by  reason  of  the  length  of  the  route  the  cars, 
after  due  inspection  by  customs  officers,  shall  be  considered  unsafe  or 
unsuitable  to  proceed  further,  or  from  low  water,  ice,  or  other  unavoida- 
ble obstruction  to  navigation;  and  in  no  case  shall  there  be  permitted 
any  breaking  of  the  original  packages  of  such  merchandise. 

Sec.  6.  That  merchandise  so  destined  for  immediate  transportation 
shall  be  transferred,  under  proper  supervision,  directly  from  the  import- 
ing vessel  to  the  car,  vessel,  or  vehicle  in  which  the  same  is  to  be 
transported  to  its  final  destination. 

Sec.  7.  That  the  privilege  of  immediate  transportation  shall  extend 
to  the  ports  of  New  York  and  Buffalo,  in  New  York ;  Burlington,  in 
Vermont ;  Boston,  in  Massachusetts ;  Providence  and  Newport  in  Rhode 
Island;  New  Haven,  Middletown, and  Hartford  in  Connecticut  j  Phila- 


NAVIGATION  LAWS  OF  THE  UNITED  STATES.       415 

delphia  and  Pittsbiir<?li,  iu  Pennsylvania;  Baltimore,  Crisfiekl  and 
Annapolis  in  Maryland  ;  Wilmington,  and  Seaford,  in  Delaware;  Salem, 
Massachnsetts ;  Georgetown  in  the  District  of  Colnmbia ;  Norfolk, 
Riclnnond  and  Petersburgh,  in  Virginia;  Wilmington  and  :Nrewberne,  in 
North  Carolina;  Charleston  and  Port  Royal,  in  South  Carolina;  Savan- 
nah and  Brunswick,  in  Georgia;  New  Orleans,  in  Louisiana;  Portland 
and  Bath,  in  Maine;  Portsmouth,  in  New  Hami)shire:  Chicago,  Cairo, 
Alton,  and  Quincy,  in  Illinois ;  Detroit,  Port  Huron,  and  Grand  Haven 
in  Michigan ;  Saiiit  Louis,  Kansas  City,  and  Saint  Joseph  iu  Missouri; 
Saint  Paul,  in  Minnesota;  Cincinnati,  Cleveland,  and  Toledo,  in  Ohio; 
Milwaukee,  and  La  Crosse,  in  Wisconsin;  Louisville,  in  Kentucky; 
San  Francisco,  San  Diego  and  Wilmington  in  California;  Portland,  in 
Uregon  ;  Memphis,  Nashville  and  Knoxville,  in  Tennessee ;  Mobile,  in 
Alabama;  and  Evansville,  iu  Indiana ;  and  Galveston,  Houston,  Browns- 
ville, Corpus  Christi,  and  Indianola,  iu  Texas;  Omaha,  iu  Nebraska; 
Dubuque,  Burlington  and  Keokuk,  in  Iowa;  Leavenworth,  in  Kansas; 
Tampa  Bay,  Fernandina,  Jacksonville,  Cedar  Keys,  Key  West,  and 
Apalachicola,  in  Florida:  Pror<V/e<7,  That  the  privilege  of  transportation 
herein  conferred  shall  not  extend- to  any  place  at  which  there  are  not  the 
necessary  officers  for  the  appraisement  of  merchandise  and  the  collection 
of  duties. 

Sec.  8.  That  sections  twenty  nine  hundred  and  ninety,  twenty -nine 
hundred  and  ninety-one,  twenty-nine  hundred  and  ninety-two,  twenty- 
nine  hundred  and'  ninety-three,  twenty  nine  hundred  and  ninety-four, 
twentv  nine  hundred  and  ninety-live,  twenty-nine  hundred  and  ninety- 
six,  and  twenty-nine  hundred  and  ninety-seven  of  the  Revised  Statutes 
be,  and  the  same  are  hereby,  repealed. 

Sec.  9.  That  no  merchandise  shall  be  shipped  under  the  provisions 
of  this  act  after  such  merchandise  shall  have  been  landed  ten  days  from 
the  importing  vessel,  and  merchandise  not  entered  within  such  time 
shall  be  sent  to  a  bonded  warehouse  by  the  collector  as  unclaimed,  and 
held  until  regularly  entered  and  appraised. 

Sec.  10.  That  section  twenty-nine  hundred  and  eighty-one  of  the  Re- 
vised Statutes  be  amended  so  as  to  read  as  follows:  That  whenever  the 
proper  officer  of  the  customs  shall  be  duly  notified  in  writing  of  the  ex- 
istence of  a  lieu  for  freight  upon  imported  goods,  wares,  or  merchandise 
in  his  custody,  he  shall,  before  delivering  such  goods,  wares  or  merchau- 
dise  to  the  importer,  owner,  or  consignee  thereof,  give  seasonable  notice 
to  the  party  or  parties  claiming  the  lien;  and  the  possession  by  the  offi- 
cers of  customs  shall  not  affect  the  discharge  of  such  lien,  under  such 
regulations  as  the  Secretary  of  the  Treasury  may  prescribe;  and  such  offi- 
cer may  refuse  the  delivery  of  such  merchandise  from  any  public  or 
bonded  warehouse  or  other  place  iu  which  the  same  shall  be  deposited, 
until  proof  to  his  satisfaction  shall  be  produced  that  the  freight  thereon 
has  been  paid  or  secured;  but  the  rights  of  the  United  States  shall  not 
be  prejudiced  thereby,  nor  shall  the  United  States  or  its  officers  be  in 
any  manner  liable  for  losses  consequent  upou  such  refusal  to  deliver. 
If  merchandise  so  subject  to  a  lien  regarding  which  notice  has  been 
filed,  shall  be  forfeited  to  the  United  States  and  sold,  the  freight  due 
thereon  shall  be  paid  from  the  proceeds  of  such  sale  in  the  sajne  man- 
ner as  other  charges  and  expenses  authorized  by  law  to  be  paid  there- 
from are  paid. 

Sec,  11.  That  this  act  shall  take  effect  and  be  in  force  from  and  after 
the  first  day  of  July,  anno  Domini  eighteen  hundred  and  eighty. 

Approved,  June  10,  1880. 


416  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Chap.  106. — Au  act  to  amend  and  re-enact  sections  twenty-five  hundred  and  fifty-two 
and  twenty-five  hundred  and  fifty-three  of  the  Revised  Statutes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  paragTa])h  four  of  section 
tweuty-flve  hundred  and  fifty-two  of  the  Revised  Statutes  be,  and  the 
same  is  hereby,  amended  so  that  it  shall  read :  ["  The  district  of  Yorktown  : 
To  comiirise  all  the  waters  and  shores  from  the  point  forming  the  south 
shore  of  the  mouth  of  the  Rappahannock  River,  and  from  the  mouth  of 
York  River  to  Cappahoosic,  iu  which  Yorktown  shall  be  the  port  of  en- 
try, and  East  River  and  Cumberland  ports  of  delivery."] 

Sec.  2.  And  that  paragraph  seventh  of  section  twenty-five  hundred 
and  fifty-two  of  the  Revised  Statutes  be,  and  the  same  is  hereby, 
amended  so  that  it  shall  read :  [" The  district  of  Richmond :  To  comprise 
all  tiie  waters  and  shores  of  the  James  River,  from  its  junction  with  the 
Api)omattox  River  to  the  highest  tide-waters  of  the  James  River,  and 
all  the  waters  and  shores  of  the  York  River  from  Cappahoosic  to  its 
head,  and  the  waters  and  shores  of  the  Pamunkey  and  Mattaponi  Rivers, 
to  the  highest  tide  waters  in  said  rivers,  in  which  the  port  of  entry  shall 
extend  from  Richmond  and  Manchester  to  Bermuda  Hundreds,  and  to 
West  Point,  at  the  head  of  Y^ork  River."] 

Sec.  3.  And  that  paragraph  seventh  of  section  twenty-five  hundred 
and  fifty-three  of  the  Revised  Statutes  be,  and  the  same  is  hereby, 
amended,  so  thatitsliall  read:  ["In  the  district  of  Richmond,  a  collector 
and  a  surveyor,  who  shall  reside  at  Richmond;  a  surveyor,  who  shall 
reside  at  Bermuda  Hundred;]  and  [a  deputy  collector,  who  shall  reside 
at  West  Point."] 

Approved,  May  27,  1880. 


Chap.  239. — Au  act  to  constitute  the  city  of  Portsmouth,  in  the  State  of  Ohio,  a  port 

of  delivery. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  [That  the  city  of  Portsmouth,  in 
the  State  of  Ohio,  shall  be,  and  is  hereby,  constituted  a  jsort  of  delivery 
within  the  collection-district  of  New  Orleans,  and  shall  be  subject  to  the 
same  regulations  and  restrictions  as  other  ports  of  delivery  in  the  United 
States;]  [and  all  the  privileges  and  facilities  afforded  by  the  act  of  Con- 
gress of  the  second  of  March,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  thirty-one  entitled  "An  act  allowing  the  duties  on  foreign 
merchandise  imported  into  Pittsburgh,  Wheeling,  Cincinnati,  Louisville, 
Saint  Louis,  Nashville,  and  Natchez,  to  be  secured  and  paid  at  those 
places",  shall  be  extended  to  said  port.]  [A  surveyor  of  customs  shall  be 
appointed  to  reside  at  said  port,]  and  [perform  the  duties  prescribed  by 
law,]  who  [shall  receive  such  compensation  now  ])rovided,  or  which  may 
hereafter  be  provided,  by  law,  for  surveyors  of  the  same  grade :  Provided^ 
That  the  salary  of  the  collector  shall  not  exceed  the  net  fees  collected 
according  to  law  at  said  i)ort.] 

Approved,  June  IG,  1880. 


An  act  to  amend  the  law  relative  to  the  seizure  and  forfeiture  of  vessels  for  hreach  of 
the  revenue  laws. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  no  vessel  used  by  any  \)er- 
son  or  corporation  as  common  carriers,  in  the  transaction  of  their  bust- 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  417 

ness  as  such  common  carriers,  shall  be  subject  to  seizure  or  forfeiture 
by  force  of  tbe  provisions  of  title  thirty-four  of  the  Revised  Statutes 
of  the  United  States,  unless  it  shall  ai)pear  that  the  owner  or  master  of 
such  vessel,  at  the  time  of  the  illegal  act,  was  a  consenting  party  or 
privy  thereto. 

[February  8,  1881.] 

Chap.  CO.— Au  act  to  anieud  and  re-euact  sections  tweuty-tive  hundred  and  seven- 
teen and  twenty-five  hundred  and  eighteen  of  the  Revised  Statutes  and  changing 
the  houndariea'of  a  customs  district  in  the  State  of  Maine. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  section  twenty-five  hun- 
dred and  seventeen  of  the  Eevised  Statutes  of  the  Uuited  States  be 
amended  by  inserting  after  the  word  '<  sixty-nine,"  in  the  third  line  of 
the  first  cla\ise  of  said  section,  the  following-  words : 

"Excepting  those  towns,  plantations,  and  townships  lying  on  the  line 
of  the  European  and  North  American  Eailway,"  so  that  said  clause,  as 
amended,  shall  read  as  follows  : 

"First.  The  district  of  Aroostook,  to  comprise  the  county  of  Aroos- 
took as  bounded  on  the  twenty-second  day  of  February,  eighteen  hun- 
dred and  sixty-nine,  excepting  those  towns,  plantations,  and  townships 
lying  on  the  line  of  the  European  and  North  American  Railway,  in  which 
Houlton  shall  be  the  only  port  of  entry." 

Also,  that  said  section  tweuty-five  hundred  and  seventeen  be  further 
amended  by  inserting  after  the  word  "forty-seven,"  in  the  fourth  line 
of  the  sixth  clause  thereof  the  following  words  :  "And  the  several  towns, 
plantations,  and  townships  in  the  counties  of  Aroostook  and  Washing- 
ton lying  on  the  line  of  the  European  and  North  American  Railway," 
so  that  said  clause,  as  amended,  shall  read  as  follows : 

"Sixth.  The  district  of  Bangor,  to  comprise  the  counties  of  Penob- 
scot and  Piscataquis  and  the  town  of  Frankfort,  in  the  county  of  Waldo, 
as  bounded  on  the  third  day  of  March,  eighteen  hundred  and  forty- 
.seven,  and  the  several  towns,  plantations,  and  townships  in  the  counties 
of  Aroostook  and  Washington  lying  on  the  line  of  the  European  and 
North  American  Railway,  in  which  Bangor  shall  be  the  port  of  entry 
and  delivery,  and  Frankfort  and  Hampden  ports  of  delivery." 

Sec.  2.  That  the  sixth  clause  of  section  twenty-five  hundred  and 
eighteen  of  the  Revised  Statutes  be  amended  .so  as  to  read  as  follows : 

"Sixth.  In  the  district  of  Bangor,  a  collector,  who  shall  reside  at 
Bangor:  a  deputy  collector,  who  shall  reside  at  Frankfort;  and  a  deputy 
collector,  who  shall  reside  at  A'anceboro." 

Appro\ed,  February  17,  1881. 


Chap   91  -An  ;i<r  maUiii"  tli.-  citv  of  Chattanooga,  in  tiie  State  of  Tennessee,  a  port 

of  delivery. 

Be  it  enacted  bij  the  Senate  and  House  of  Representatives  of  the  L'nited 
States  of  America  in  Congress  assembled,  That  the  city  of  Chattanooga, 
in  the  State  of  Tennessee,  is  hereby  made  a  port  of  tlelivery,  with  a  sur- 
veyor at  a  salarv  of  three  hundred  and  fifty  dollars  per  annum  and  the 
customary  fees."  And  the  Secretary  of  the  Treasury  is  hereby  directed 
to  carry  this  act  into  effect. 

Approved,  February  28,  1881. 
II.  Mis.  391 L'T 


418       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

Chap.  92. — An  net  to  constitute  Atlanta,  Georgia,  a  port  of  delivery. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  Ainerica  in  Congress  assembled,  That  Atlanta,  iu  tbe  State  of 
Georoia,  be,  and  is  hereby,  coiisiitnted  a  ])ort  of  delivery;  and  that  the 
privileges  of  immediate  trans])ortation  of  dutiable  merchandise  confer- 
red by  the  act  of  June  tenth,  eighteen  hundred  and  eighty,  entitled  "An 
act  to  amend  the  statutes  in  relation  to  immediate  transportation  of 
dutiable  g-oods,  and  for  other  ])urposes",  be,  and  the  same  are  hereby, 
extended  to  said  port;  and  there  shall  be  appointed  a  surveyor  of  cus- 
toms to  reside  at  said  port,  who  shall  receive  a  salary  to  be  "determined 
by  the  Secretary  of  the  Treasury,  not  exceeding'  one  thousand  dollars 
per  annum. 

Approved,  February  28,  1881. 


An  act  to  establish  a  port  of  delivery  at  Indianapolis,  in  the  State  of  Indiana. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  Indianapolis,  in  the  State 
of  Indiana,  be,  and  the  same  is  hereby,  constituted  a  jiort  of  delivery; 
atkl  that  the  privileges  of  immediate  transportation  of  dutiable  mer- 
chandise conierred  by  the  act  of  June  tenth,  eighteen  hundred  and 
eighty,  entitled  "An  act  to  amend  the  statutes  in  relation  to  immediate 
transportation  of  dutiable  goods,  and  for  other  purposes,"  be,  and  the 
same  are  hereby,  extended  to  said  port;  and  there  shall  be  appointed 
a  surveyor  of  customs  to  reside  at  said  port,  who  shall  receive  a  salary 
to  be  determined  by  the  Secretary  of  the  Treasury,  not  exceeding  one 
thousand  dollars  i)er  annum. 

[March  3,  1881.] 

An  act  to  amend  sections  twenty-live  hundred  and  eighty  six  and  tweuty-tive  hun- 
dred and  eighty-seven  of  the  Revised  Statutes  of  the  United  States  by  creating  the 
collection  district  of  Yaquina,  in  the  State  of  Oregon,  and  authorizing  the  appoiut- 
raeut  of  a  collector  therein. 

Be  it  enacted  hy  the  Seriate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  section  twenty  live  hun- 
dred and  eighty-six  of  the  Revised  Statutes  of  the  United  States  be 
amended  so  as  to  read  as  follows: 

"Sec.  2586.  There  shall  be  in  the  State  of  Oregon  and  Territory  of 
Washington  five  collection  districts,  as  follows: 

" First.  The  southern  district  of  Oregon;  to  comprise  all  of  the  waters 
and  shores  of  that  part  of  the  State  of  Oregon  lying  south  and  east  of 
the  north  baiik  of  the  Siuslaw  Itiver;  in  which  Coos  Bay,  in  Coos 
County,  shall  be  the  port  of  entry,  and  Ellensburg,  at  the  mouth  of 
Rogue  River,  Port  Orford,  and  Gardner,  on  the  Umpqua  River,  ports 
of  delivery. 

"Second.  The  district  of  Yaquina;  to  comprise  all  the  waters  and 
shores  lying  north  and  east  of  the  north  bank  of  the  Siuslaw  River  to 
the  north  bank  of  the  Salmon  River,  and  west  of  the  summit  of  the 
Cascade  Range  of  mountains;  iu  which  Yaquina  shall  be  the  port  of 
entry  and  Newport  a  port  of  delivery. 

"Third.  The  district  of  Oregon ;  to  comprise  all  the  waters  and  shores 
lying  north  and  east  of  the  north  bank  of  the  Salmon  River  to  the  forty- 
sixth  and  one-half  degree  of  north  latitude,  and  west  of  the  Coast  Range 


NAVIGATION    LAWS    OF    THE    UNITED    STATES.  419 

of  iTionntains  to  the  forty-eiiijhth  degree  of  north  hititnde,  except  that 
portion  situated  above  the  junction  of  the  WiUaniette  and  Cohiinl)ia 
Kivers  and  drained  by  those  rivers  and  tributary  waters;  in  which 
Ast(n-ia  sliall  be  the  i>ort  of  entry. 

"  Fourth.  The  district  of  WiUaniette;  to  comprise  all  the  waters  and 
shores  lying  norih  and  east  of  the  north  bank  of  the  Salmon  River  to 
the  forty-sixth  and  one-half  degree  of  north  latitude,  and  west  of  the 
C()ast  Range  of  mountains  to  the  forty  eightli  degr^  e  of  north  latitude, 
above  the  Jnnetions  of  the  Willamette  and  Columbia  Rivers,  and 
draiiied  by  those  rivers  and  their  tiibutary  wat'-rs,  and  all  other  por- 
tions of  said  State  diained  by  snid  Willamette  River  or  its  tributaries; 
in  whicli  Portland  shall  be  the  port  of  entry. 

"Fifth  The  district  of  Puget  Sound;  to  comprise  all  the  waters  and 
shores  of  the  State  of  Oregon  and  Territory  of  Washington  not  included 
in  the  districts  of  the  southern  district  of  Oregon,  Ynqnina,  Oregon,  and 
Willamette;  in  which  Port  Townsend  shall  be  the  port  of  entry." 

Sec.  2.  That  section  twenty-tive  hundred  and  eighty-seven  of  the 
Revised  Statutes  of  the  United  States  be  amended  so  as  to  read  as 
follows; 

"Sec.  2587.  There  shall  be  in  the  collection  districts  in  the  State  of 
Oregon  and  the  Territory  of  Washington  the  following  officers: 

''  First.  In  the  southern  district  of  Oregon,  a  collector,  who  sh:ill  re- 
side at  Fn)])ire  City,  and  three  deputy  collectors,  who  n)ay  be  a])pointed 
by  the  collector,  with  the  approval  of  the  Secretary  of  the  Treasury, 
aiid  of  whom  one  shall  reside  at  EUensburg,  one  at  Port  Orford,  and  one 
at  Gaidner. 

"Second.  In  the  district  of  Yaquina,  a  collector,  who  shall  reside 
at  Yaqnina,  and  who  shall  receive  a  salary  of  one  thousand  dollars  a 
year,  with  the  fees  allowed  by  law,  and  a  commission  on  all  customs 
money  collected  and  accounted  f  u'  by  him,  such  salary,  fees,  and  coin- 
nnssioiis  not  to  exceed  the  sum  of  two  thousand  tive  hundred  dollars 
per  year. 

"Third.  In  the  district  of  Oregon,  a  collector,  who  shall  reside  at 
Astoria. 

"Fourth,  In  the  district  of  Willamette,  a  collector  and  an  api)raiser, 
who  shall  reside  at  Portland. 

"Fifth.  In  the  district  of  i^nget  Sound,  a  collector,  who  sliall  reside 
at  Port  Townsend." 

Api>roved,  April  25,  1882. 


CUAP.  22'A. — An  act  to  aniPiid  sections  tweutv-livii  lumdrcd  and  eij^hty-two,  twenty- 
five  hinuh'ed  an<l  iM^hty-tliri'f,  twfnty-six  hundred  and  seven,  and  twenty-six  lum- 
dred  anil  e.i<;lity-fonr  of  tlie.  Revised  Statutes  of  the  United  States,  reliitini;  to  the 
collcetion  districts  of  California. 

Be  it  enacted  bi/  the  tiennte  and  HouHe  of  Rcpreaenfativoi  of  the  United 
States  of  America  in  Conf/rcss  assembled,  That  section  twenty-five  hun- 
dred and  eighty-two  of  the  Revised  Statutes  be  amended  so  as  to  read 
as  follows  : 

"Section  Twenty  tive  hundred  and  eighty-two. — Thereshallbe  in  the 
State  of  California  four  (;ollection  districts,  as  follows: 

"First.  The  district  of  San  Diego;  to  compri.se  all  the  wafers  and 
shores  of  the  county  of  San  Diego;  in  which  San  Diego,  on  the  Bay  of 
San  Diego,  shall  be  the  sole  |K)rt  of  entry. 

"  Second. — The  district  of  Wilmington  ;  to  com[)rise  all  the  waters 
and  shores  of  the  counties  of  Santa  Barbara,  Ventura,  Los  Angeles, 


420       NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

and  Sau  Beruardiuo,  in  which  Wilmington,  on  the  Bay  of  Wilmiugtou, 
shall  be  the  sole  port  of  entr^,  and  Santa  Barbara,  San  Buena  Ventura 
and  Huenerne,  ports  of  dt-livery 

"Third. — The  district  of  San  Francisco;  to  comprise  all  the  waters 
and  shores  of  the  State  north  of  the  counties  embraced  in  the  second 
district  and  south  of  the  county  of  Humboldt  ;  in  which  San  Francisco 
shall  be  the  port  of  entry  and  Valh'jo  and  San  Luis  Obispo  ports  of 
delivery. 

"  Fourth. — The  district  of  Humboldt ;  to  comprise  all  the  waters  and 
shores  of  the  counties  of  Humboldt  and  Del  ]S^orte  :  in  which  Eureka, 
on  the  Bay  of  Humboldt,  shall  be  the  sole  port  of  entry,  and  Crescent 
City  a  i)ort  of  deli\  ery." 

That  section  twenty-five  hundred  and  eighty  three  of  the  Eevised 
Statutes  of  the  United  States  be  amended  so  as  to  read  as  follows : 

"  Sec.  Two  thousand  five  hundred  and  eighty-three. — There  shall 
be  in  the  collection  districts  of  California  the  following  officers : 

"  First.  In  the  district  of  San  Diego,  a  collector,  who  shall  reside  at 
San  Diego. 

"  Second. — In  the  district  of  Wilmington,  a  collector,  who  shall  re- 
side at  Wilmington  ;  a  dei)uty  collector  who  shall  reside  at  Wilming- 
ton;  and  one  inspector,  to  be  appointed  by  the  collector,  with  the  ap- 
proval of  the  Secretary  of  the  Treasury,  for  each  of  the  ports  of  Santa 
Barbara,  Sau  Buena  Ventura  and  Huenerne. 

"  Third. — In  the  district  of  San  Francisco,  a  collector,  a  naval  officer, 
a  surveyor,  who  shall  reside  at  San  Francisco  ;  two  appraisers,  two  as- 
sistant a))praisers,  and  a  special  examiner  of  drugs,  medicines,  and 
chemicals;  a  deputy  collector  who  shall  reside  at  Vallejo ;  a  deputy  col- 
lector who  shall  reside  at  San  Luis  Obispo  ;  an  inspector  at  Monterey, 
an  inspector  at  Sacramento,  an  inspector  at  Benicia,  and  an  inspector 
at  Stockton. 

"Fourth. — 111  the  district  of  Humboldt ;  a  collector  who  shall  reside  at 
Eureka  and  one  insi>ector  to  be  appointed  by  the  collector,  with  the  ap- 
proval of  the  Secretary  of  the  Treasury,  for  the  port  of  Crescent  City." 

That  section  twenty-six  hundred  and  seven  of  the  Kevised  Statutes 
of  the  United  States  be  amended  so  as  to  read  as  follows : 

Sec.  Twenty-six  hundred  and  seven. — At  the  Port  of  Wilmington, 
in  the  district  of  Wilmington,  and  at  the  port  of  San  Diego,  in  the  dis- 
trict of  San  Diego,  and  at  the  port  ol  Eureka,  in  the  district  of  Hum- 
boldt, the  Secretary  of  the  Treasury  shall  have  power  to  appoint  such 
inspectors,  weighers,  gaugers,  measurers,  a;nd  other  ofticers  as  may  be 
necessary  for  the  collection  of  the  revenue  of  those  ports.  Also  such 
inspectors  as  he  may  deem  necessary  to  enforce  the  custom  laws  along 
the  boundary  between  the  Republic  of  Mexico  and  the  counties  of  Sau 
Diego  and  San  Bernardino." 

That  section  twenty-six  hundred  and  eighty-four  of  the  Revised  Stat- 
utes of  the  United  States  be  amended  so  as  to  read  as  follows : 

"  Sec.  Twenty-six  hundred  and  eighty-four. — The  collector  of  the  dis- 
trict of  San  Diego  shall  receive  a  salary  of  twenty-five  hundred  dollars 
a  year ;  the  collector  of  the  district  of  Wilmington  shall  receive  a  sal- 
ary of  twenty-five  hundred  dollars  a  3'ear,  and  the  deputy  collector  of 
said  district  shall  receive  a  salary  of  one  thousand  five  hundred  dollars 
a  year ;  and  the  collector  of  the  district  of  Humboldt  shall  receive  a 
salary  of  twenty-five  hundred  dollars  a  year. 

Approved,  June  10,  1882. 


NAVIGATION    LAW8    OF    THE    UNITED    STATES.  421 

Chap.  447.— All  ;ict  to  auiemlthe  first  subdivision  of  section  twenty-five  hundred  and 
sixty  eiglit  of  the  Revised  Statutes  of  the  United  States,  title  thirty-four,  collec- 
tion of  duties  on  imports. 

Be  it  enacted  hi/  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  first  subdivision  of 
section  twentv-tive  liundred  aiid  sixty  ei^ht  of  the  Revised  Statutes  of 
the  United  States  be  amended  by  striking  therefrom  the  words  "in 
Missouri"  following?  the  words  "Saint  Lonis,"  and  by  adding-  to  said 
subdivision  of  said  section  as  follows  :  "Saint-Louis  as  used  in  this  sec- 
tion, shall  include  Saint  Louis,  in  Missouri,  and  East-Saint  Louis,  in 
Illinois;  and  the  surveyor  and  acting-  collector  for  the  port  of  Saint 
Louis  may  receive  goods,  issue  landing  certificates  to  carriers,  and  issue 
orders  to  inspectors  of  customs  to  open  cars  containing  goods  and  pack- 
ages, and  generally  do  and  perform  all  acts  necessary  to  be  done  and 
performed  by  him  "in  East  Saint  Louis,  in  Illinois,  as  well  as  in  Saint 
Louis  in  Missouri. 

Ai)i>roved,  August  7,  18S2. 


Chav.  142.— An  ait  to  amend  an  act  entitled  "An  act  to  amend  the  Statutes  in 
relation  to  immediate  transportation  of  dutiable  goods,  and  for  other  purposes," 
approved  June  tenth  eighteen  hundred  and  eighty. 

Be  it  enacted  by  the  Senate  and  House  of  Rejrrcsentatires  of  the  United 
States  of  America  in  Congress  assembled,  that  sections  five  and  six  of  the 
act  entitled  "  An  act  to  amend  the  statutes  in  relation  to  immediate 
transportation  of  dutiable  goods,  and  for  other  purposes",  approved 
June  tenth,  eighteen  hundred  and  eighty,  be,  and  the  same  are  hereby, 
amended  so  that  they  shall  read  as  follows,  namely : 

Sec;,  5,  That  merchandise  transported  under  the  provisions  of  this 
act  sliall  be  conveyed  in  cars,  vessels,  or  vehicles  securely  fastened  with 
locks  or  seals,  under  the  exclusive  control  of  the  officers  of  the  customs; 
and  merchandise  may  also  be  transported  under  the  provisions  of  this 
act  by  express  companies  on  i)assenger  trains,  in  safes  and  trunks, 
which  shall  be  of  such  size,  character,  and  description,  and  secured  in 
such  manner  as  shall  be  from  time  to  time  prescribed  by  the  Secretary; 
and  in  cases  where  merchandise  shall  l)e  imported  in  bo.xes  or  i)ackages 
too  large  to  be  included  within  the  safes  or  trunks  so  i»rescribed,  such 
merchandise  nniy  be  transported  under  the  provisions  of  this  act  by 
such  express  conipanies  in  a  sei)arate  comiiartment  of  the  car,  secured 
in  such  manner  as  shall  from  tuue  to  time  be  prescribed  by  the  Secre- 
tary of  the  Treasury  ;  and  merchandise  such  as  ])ig  iron,  si)eigle-iron, 
scrap-iron,  iron  ore," railroa*!  iron,  and  similar  articles  commonly  trans- 
ported upon  i»lattbrm  or  tlat  cars,  may  be  transported  under  the  pro- 
visions of  this  ai-t  upon  such  platform  or  fiat  cars  ;  and  the  weight  of 
such  merchandise  so  transported  shall  be'ascertained  in  all  cases  before 
shipment,  and  ordinarv  railroad  scales  may  l)e  used  for  such  i)urpose ; 
and  inspectors  shall  be  stationed  at  proper  i)oints  along  the  designated 
routes,  or  upon  any  <rar,  vessel,  vehicle,  or  train,  at  the  discretion  of  the 
Secretary  of  the  treasury,  and  at  the  expense  of  the  companies,  re- 
spectively. Such  merchandise  shall  not  be  unladen  or  transsliipi>ed  be- 
tween the  ports  of  first  arrival  and  final  destination  unless  authorized 
by  the  regulations  of  the  Secretary  of  the  Treasury  in  cases  which  may 
arise  from  a  difference  in  the  gauge  of  railroads,  or  where  the  route  is 
bonded  for  both  land  and  water  carriage,  or  from  accidents,  or  from 
legal  intervention,  or  when  by  reason  of  the  length  of  the  route  the 


422  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

cars,  after  due  inspection  by  customs  officers,  shall  be  considered  unsafe 
or  unsuitable  to  i)roceed  further,  or  from  low  water,  ice,  or  other  una- 
voidable obstruction  to  navigation  ;  and  in  no  case  shall  there  be  per- 
mitted any  breaking  of  the  original  packages  of  such  merchandise, 

Sec.  6.  That  merchandise  so  destined  for  immediate  transportation 
shall  be  transferred,  under  proper  supervision,  directly  from  the  im- 
porting vessel  to  the  car,  vessel,  or  vehicle  specified  in  the  entry  pro- 
vided for  in  Section  two  of  this  act," 

Approved,  July  2,  1884. 


3,— COINAGE,  WEIGHTS,  AND  MEASURES. 

(Kevised  Statutes,  Title  XXXVII.) 

Sec.  3563.  The  money  of  account  of  the  United  States  shall  be  ex- 
pressed in  dollars  or  units,  dimes  or  tenths,  cents  or  hundredths,  and 
mills  or  thousandths,  a  dime  being  the  tenth  part  of  a  dollar,  a  cent  the 
hundredth  part  of  a  dollar,  a  mill  the  thousandth  part  of  a  dollar;  and 
all  accounts  in  the  public  offices  and  all  proceedings  in  the  courts  shall 
be  kept  and  had  in  conformity  to  this  regulation. 

Sec.  3564.  The  value  of  foi  eign  coin  as  expressed  in  the  money  of  ac- 
count of  the  United  States  shall  be  that  of  the  pure  metal  of  such  coin 
of  standard  value;  and  the  values  of  the  standard  coins  in  circulation 
of  the  various  nations  of  the  world  shall  be  estimated  annually  by  the 
Director  of  the  Mint,  and  be  proclaimed  on  the  first  day  of  January  by 
the  Secretary  of  the  Treasury. 

Sec.  3565.  In  all  payments  by  or  to  the  Treasury,  whether  made  here 
or  in  foreign  countries,  where  it  becomes  necessary  to  compute  the 
value  of  the  sovereign  or  pound  sterling,  it  shall  be  deemed  equal  to 
four  dollars  eighty-six  cents  and  six  and  one-half  mills,  and  the 
same  rule  shall  be  api)lied  in  appraising  merchandise  imported  where 
the  value  is,  by  the  invoice,  in  sovereigns  or  pounds  sterling,  and  in  the 
construction  of  contracts  payable  in  sovereigns  or  pounds  sterling; 
and  this  valuation  shall  be  the  par  of  exchange  between  Great  Britain 
and  the  United  States;  and  all  contracts  made  afier  the  first  day  of 
January,  eighteen  hundred  and  seventy-four,  based  on  an  assumed  par 
of  exchange  with  Great  Britain  of  fifty-four  pence  to  the  dollar,  or  four 
dollars  forty-four  and  foui -ninths  cents  to  the  sovereign  or  jjound  ster- 
ling, shall  be  null  and  void. 

Sec.  3566,  All  foreign  gold  and  silver  coins  received  in  payment  for 
moneys  due  to  the  United  States  shall,  before  being  issued  in  circula- 
tion, be  coined  anew. 

Sec.  3567.  The  pieces  commonly  known  as  the  quarter,  eighth,  and 
sixteenth  of  the  Spanish  pillar-dollar,  and  of  the  Mexican  dollar,  shall 
be  receivable  at  the  Treasury  of  the  United  States,  and  its  several  offices, 
and  at  the  several  post-offices  and  land-ofiices,  at  the  rates  of  valua- 
tion following:  the  fourth  of  a  dollar,  or  piece  of  two  reals,  at  twenty 
cents ;  the  eighth  of  a  dollar,  or  i)iece  of  one  real,  at  ten  cents ;  and 
the  sixteenth  of  a  dollar,  or  half-real,  at  five  cents. 

Sec.  3568.  The  Director  of  the  Mint,  with  the  approval  of  the  Secre- 
tary of  the  Treasury,  may  prescribe  such  regulations  as  are  necessary 
and  j)roper,  to  secure  the  transmission  of  the  coins  mentioned  in  the 
preceding  section  to  the  Mint  for  recoinage,  and  the*return  or  distribu- 

*  Fee  Act  February  21,  1857,  cbap.  56.  sec.  2. 


NAVIGATION    LAWS    OF    THE    UNITED    STATES. 


423 


tioii  of  the  proceeds  thereof,  when  deemed  expedient,  and  may  prescribe 
such  forms  of  account  as  are  appropriate  and  applicable  to  the  circum- 
stances. The  exi)enses  incident  to  such  transmission  or  distribution, 
and  of  recoinage,  shall  be  charged  against  the  account  of  silver  profit 
and  loss,  and  the  net  profits,  if  any,  shall  be  paid,  from  time  to  time, 
into  the  Treasury. 

Sec.  35G9.  It  shall  be  lawfnl  throughout  the  United  States  of  America 
to  employ  the  weights  and  measures  of  the  metric  system  ;  and  no  con- 
tract or  dealing,  or  pleading  in  any  court,  shall  be  deemed  invalid  or 
liable  to  objection  because  the  weights  or  measures  expressed  or  referred 
to  therein  are  weights  or  measures  of  the  metric  system. 

Sec.  3570.  The  tables  in  the  schedule  hereto  annexed  shall  be  recog- 
uized  in  the  construction  of  contracts,  and  in  all  legal  proceedings,  as 
establishing,  in  terms  of  the  weights  and  measures  now  in  use  in  the 
United  Stages,  the  equivalents  of  the  weights  and  measures  expressed 
therein  in  terms  of  the  metric  system;  and  the  tables  may  lawfully  be 
used  for  computing,  determining,  and  expressing  in  customary  weights 
and  measures  the  weights  and  measures  of  the  metric  system. 

MEASURES  OE  LENGTH. 


Metric  denominations  and  values. 


Equivalents  in  denominations  in  use. 


Myriameter 

10,  000  meters. 

1,000  meters. 

6.  2137  miles. 

0.  62137  miles,  or  3,280  feet  and  10  inches. 
328  feet  and  1  inch. 
393.  7  inches. 
39.  37  inches. 

3.  937  inches. 

0.  3937  inche*. 

0.  0394  inche«. 

Hectometer 

100  meters. 

Meter 

Decimeter 

Centimeter 

Millimeter   

1  meter. 

lu-  of  a  meter. 

r  Ji;  of  a  meter. 

.    1^50  of  a  meter. 

MEASURES  OF  CAPACITY. 


Metric  denominations  and  values. 


Equivalents  in  denominations  in  use. 


Num.  of 
liters. 


Cubic  measure. 


Dry  measure. 


Liquor   or   wine 
measure. 


Kilolitor,   or 

stere. 
Hectoliter  ..  / 

Dekaliter '. 

Liter 

Deciliter ; 

Centiliter ! 

Milliliter ; 


1,000  I    1  cubic  meter. 


!  cub.  yards  . 


•jV  of  a  cubic  meter ;  2 bushels  and  3.35  pecks 

10  cubic  decimeters ,  9.08  quarts 

1  cubic  decimeter 0.908  quarts 

T>5  of  a  cubic  decimeter...]  6. 1022  cub.  inch[esl 

10  cubic  centimeters 0.6102  cub.  inch 

1  cubic  centimeter 0.061  cub.  inch 


264. 17  gallons. 

26.417  gallons. 
2.6417  gallons. 
1.0567  quarts. 
0.  845  gill.<!. 
0.  338  fluid  ounce*. 
0. 27  fluid  drams. 


MEASURES  OF  SURFACE. 


Metric  denominations  and  values. 


Equivalents  in  denominations  in  use. 


Hectare 10,  000  square  meters.  2. 471  acres. 

Are 100  -square  meters.       119.  6  square  yards. 

Centare 1  square  meter.       1550  square  inches. 


424 


NAVIGATION    LAWS    OF    THE    UNITED    STATES. 
WEIGHTS. 


Metric  denominationa  and  values. 


Equivalents  in  denom- 
inations in  use. 


Millier  or  tonneau. 

Quintal 

Myriagram 

Kilogram  or  kilo.. 

Hectogram 

Dekagram 

Gram 

Decigram 

Centigram 

Milligram 


Number  of 
grams. 


1,  000,  000 

100,  000 

10,000 

1,000 

100 

10 

1 

IV 

TOO 

nhxs 


"Weight  of  what  quantitjr  of  watep 
at  maximum  density. 


1  cubic  meter 

1  hectoliter 

10  liters  

1  liter  

1  deciliter 

10  cubic  centimeters 

1  cubic  centimeter 

I'o  of  a  cubic  centimeter, 
10  cubic  millimeters 

1  cubic  millimeter 


Avoirdupois  weight. 


'  2204.  6  pounds. 
'     220.  46  pounds. 
22.  046  pounds. 

2.  2046  pounds. 

3.  5274  ounces. 

0.  3527  ounces. 
15.432  grains. 

1.  5432  grains. 
0. 1543  graini. 
0.  0154  grains. 


INDEX 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


Abandonment — 

Of  goods  in  bonded  warehonse,  what  constitutes  ;  sale, 

&c.,  of 

Abatement  of  duties — 

On  goods  destroyed,  &c.,  by  accident 

Abolishment  of — 

Fees....; 


Tonnage  dues 


Acapulco,  consul  at,  salary  of 

Accident.     (See  Wrecks.)  t 

Acids,  chemical : 

Eestriction  on  carriage  of,  by  steam  passenger- vessels  .j 

How  pack-d  and  marked  for  shipment 

Penalty  for  shipping  contrary  to  law 

Additional  mail  service,  compensation  for 

Admiralty  in  aid  of  rebellion 

Ad  valorem  duty: 

Goods  subject  to,  currency  to  be  used  in    making  in- 
voice of 

Oath  of  purchaser 

Oath  of  manufacturer  to  invoices  of 

When  legal  representative  may  make  oath  to 

When  goods  subject  to.  may  be  admitted  without  in- 
voice  

When  bond  given  to  produce  invoice 

Oath  when  owner  resides  abroad 

What  to  be  collected  in  addition  to  entries 

To  be  levied  on  true  market  value  at  time  of  exporta- 
tion   

Advances  of  uages  to  seamen  shall  be  made  in  presence  of 
slii  pping  commissioner 

Abolishment  of 

Advertisements — 

For  proposiils  for  carrying  mail 

By  railways  not  required 

By  steamltoats  not  required 

Through  foreign  countries 

To  foreign  countries 

Of  notice  of  seizure  of  vessels,  what  to  specify 

Of  prize  sales  by  United  States  marshal 

For  contract  for  erection  of  light-house - 

Africa,  transportation  of  colored  emigrants  to  west  coast  of. 
Agent : 

For  entry  of  goods  to  give  bond  for  account  by  owner. 

Residing  abroad,  of  firm  in  trade  in  United  States,  ves- 
sel owned  by,  may  be  registered 

Of  owner  of  vessel  may  obtain   certificate  of  registry, 
how        

Oath  to  be  taken  by 

Surrender  of  old  certificate  by 

Penalty  for  failure 


•2971 

377 

'2984 

379 

Act  June  19,  '86, 

40 

sec.  1. 

Act  June  19, '86. 

36 

sec.  1-2. 

1690 

218 

4472 

83 

4475 

84 

4476 

84 

3960 

115 

5309, 5311 

235 

2838 

351 

2843 

353 

2845 

354 

2846 

354 

2847 

:J54 

2848 

354 

28J9 

354 

2i)00 

:?65 

2904 

36(i 

4531 

177 

Act  June  26, '84, 

202 

3941 

113 

3942 

114 

3943 

114 

4006 

118 

4007 

118 

4379 

.59 

4628 

249 

4()n7 

146 

4271 

70 

27>T 

342 

4133 

6 

4161 

14 

4161 

14 

4162 

15 

4162 

15 

426 


INDEX. 


Subject. 


Section  E.  S.  or 
act  CoDgress. 


Page. 


Agent — Continued. 

Forfeiture  of  vessel  for  false  swearing  by 

For  owner  of  recorded  vessel  to  countersign  certificate 
of  measureuient 

Of  vessels  to  furnish  collectors  copy  of  consular  receipts. 

Diplomatic 

Agents  of  United  States  abroad,  vessel  owned   by,  may  be 

registered 

Agreement — 

With  crew  of  fishing- vessel  for  shares,  of  fish,  &c... 

Penalty  for  violating,  by  fishermen 

Recovery  of  shares  of  fish  under 

Vessels  liable  for,  &c 

Discharge  of  vessel  on  giving  bond  for  judgment 

Agreements  with  seamen.     (See  Shipping  articles.) 

Aix-  la-  Ch apet le,  consul  at,  salary  of 


Clearance  from  ports  in,  of  vessels  laden  with  live- 
oak  timber 

Collection  district,  port  of  entry  and  delivery  in 

Officers  in 

Restrictions  on  clearance  of  vessels  laden  with  live  oak 

from  parts  of 

Alaska: 

Nationalization  of  vessels  owned  by  residents  of 

Regulat  ion  of  coasting  trade  with 

Albany,  K.  Y. : 

Port  of  delivery 

Surveyor  in,  to  act  as  collector  and  reside  at 

Entry  of  goods  for 

Warehouse  privileges,  &c.,  extended  to 

Inspectors  of  hulls  and  boilers  for 

Salaries  of 

Albemarle,  N.  C. : 

Collection  district 

Collector  in,  residence  of 

Alexandria,  Va.  : 

Collection  district  and  port  of  entry 

Collector  and  surveyor  to  reside  at 

Algiers,  consul  at,  salary  of • 

Alien  seamen,  how,  may  be  admitted  United  States  citizens. 
Allotment  of 


Allotment  of  wages.     (See  Seamen.) 

Alna,  Me.,  port  of  delivery 

Alton.  111.: 

Port  of  delivery  in  district  of  New  Orleans 

Surveyor  to  reside  at,  duties  of 

American  Colonization  Society,  vessels  of,  subject  to  laws  re 

lating  to  carriage  of  passengers : 

Amesbitry,  Mass.,  port  of  delivery 

Amoor  J\iver,  commercial  agent  at,  salary  of , 

Amoy,  consul  at,  salary  of 

Amsterdam,  consul  at,  salary  of 

Annapolis,  Md. : 

Collection  district  and  port  of  entry 

Customs  officers  in,  residence  of 

Antiscorbutics — 

Shall  be  served  on  merchant  vessels | 

Penalty  for  neglect  to  serve 

Antwerp,  consul  at,  salary  of 

Apalavlncohi,  Fla. :  I 

Collection  district 

President  may  designate  port  of  entry  in 

Collector  in,  residence  of 


Act  June 
sec.  3 


4163 

4181 
4213 
1674 

4134 

4391 
4392 
4393 
4393 
4394 


2463 

2r)64 
2565 

4205 

4140  I 
4358  ! 

2535 
2536 
2816 
2968 
4414 
4414 

2555 
2556 

2552 
2553 
1690 
2174 
19,  '86, 


2517 


4271 

2527 
1690 
1690 


2548 
2549 


4569 
4570 


2562 
2562 
2563 


310 
310 
310 


INDEX. 


427 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


JpaJachicola — Continued. 

luKpector  of  hulls  and  boilers  for 

Salaries  of 

Jjpia,  commercial  agent  at,  salary  of 

Appeal — 

From  appraisement  of  wrecked  and  damaged  imports. 

From  appraisement  of  imports,   notice   of,  to   wbom 
given,  proceedings  

From  decision  of  collector  as  to  rate,  &c.,  of  duties  on 
imports  and  tonnage 

As  to  fees,  Sec -  - | 

From  examiner's  return  of  imported  drugs,  medicines, 
&c 

Retund  of  duties  and  moneys  paid  under  protest  and 
appeal 

Refund  in  case  of  failure  to  comply  with  requirements 
relating  to 

luspiction  of  steam-vessels,  to  snrpervising  inspectors 

on  refusal  or  suspension,  »&c.,  of  license 

Appraisal  : 

Col.octor  to  appoint  merchants  to  make 

Penalty  for  not  assisting  at 

Of  goods  suspected  to  be  undervalued 

Provisions  relating  to 

No  delivery  of  imported  goods  without 

How  made,  in  addition  to  entries .-  -- 

Designation  of  packages  for  number,  examination,  for- 
feiture, remission - 

Mode  6f,  of  manufactures  of  wool,  unfinished 

When  duties  to  be  levied  on  market  value 

Of  goods  subject  to  ad  valorem  duty,  and  of  parcels  not 
manufactured  in  country  of  exportation. 

According  to  value  of  goods  at  time  of  exportation 

Additions  to  market-value  to  obtain  dutiable  value 

When  value  exceeds  10  per  cent,  of  invoice  value 

Of  diflerent  values  invoiced  at  average  price 

Of  different  qualities  in  same  package 

Of  wool  of  ditiereut  qualities  in  same  bale 

Of  kid  and  other  gloves    

Deficiency  in  package  found  on 

When  liual 

Of  goods  damaged  and  taken  from  wrecks,  apj)eals 

Revisiou  of  report  of 

When  owner  is  dissatisfied  with 

Of  drugs,  medicines,  &c 

At  New  York 

When  Secretary  of  the  Treasury  may  make  special  regu- 
lations for 

Officers,  &c.,  jfuiployed  in  department  of,  at  New  York, 
not  to  engage  in  mercantile  business 

Of  damaged  merchandise  to  be  made  by  assistant  ap- 
praiser at  New  York 

When  increase  of  importation,  extra  hours  to  be  de- 
voted to,  at  New  York 

At  ports  where  no  api)raisers 

What  customs  oHlcers  may  lease  or  hire  bnildiugs  for 
purpose  of 

Of  property  seized  under  customs  laws 

In  prize  cases,  where  property  cannot  be  sent  into  port 
for  adjudication 

Report  of  appraisers  to  be  sent  into  court 

Of  property  taken  for  use  of  United  States 

Of  property  delivered  on  stipulation 


4414 
4414  ! 

1690  I 

2928  j 

2930  I 

2931 
2932 

2936 

3012i 

3013  i 

4452  ' 

2609 
2610  , 
2840 
2899,2953 
2«99 
2900 

2901 
290-2  ' 

2904  ; 

2905  i 

2906  ' 
2907 
2909 
2910 
2911 
2912 
2913 
2921 
2923 
292C  , 
2929 
2930  I 
2933 
2939 


2941 

2943 

2944 
2946 

2953 
3074 

4615 
4615 
4624 
4626 


90 

90 

218 

370 

370 

370 
371 

371 

383 
383 


319 
319 
351 
-374 
365 
365 

365 
366 
366 

366 
366 
367 
367 
367 
367 
367* 
367 


370 
370 
370 
371 
372 

372 

372 

373 

373 
373 

374 


247 
247 

248 
249 


428 


INDEX. 


Subject. 


Appraisers  of  customs — 

For  Alabama 

At  Baltimore,  Md 

At  Boston,  Mass  

Clerks,  &c. ,  in  office  of 

At  Charleston,  S.  C 

For  Indiana  and  Illinois ■ 

For  Louisiana • 

For  Maine 

For  Michigan 

For  New  York 

Officers  and  employes  in,  office  of 

For  Ohio 

At  Portland,  Oreg 

At  Philadelphia,  Pa 

Clerks  and  employes  in  office  of 

For  Rhode  Island 

At  San  Francisco,  Cal 

At  Savannah,  Ga 

For  Virginia 

For  Wisconsin 

Appointment  by  President  of  four  general,  with  cei'- 
tain  duties 

Salary  of,  at  New  York 

At  Providence,  Norfolk,  Portland,  Me.,  Buffalo,  Chi- 
cago, Detroit,  Cincinnati,  Saint  Louis,  Evansville, 
Milwaukee,  Louisville,  Cleveland,  San  Francisco, 
Portland,  Oreg.,  Memphis,  and  Mobile 

At  Savannah  and  Charleston 

Of  general,  at  New  York 

Of  four  general,  traveling  expenses 

Of  local  and  general,  at  Boston,  Philadelphia,  Balti- 
more, and  New  Orleans 

Merchant,  compensation  of 

■     Oath  of,  and  of  merchant  appraisers 

At  New  York 

Eevision  of  assistant  appraiser's  report  by,  at  New 
York 

Additional  compensation  of,  at  San  Francisco 

Duties  of,  when  imported  articles  omitted  in  entry 

Duty  of,  in  estimating  value  and  quantity  of  imports, 
and  manufactures  of  wool  unfinished 

When,  to  adopt  best  article  in  package  as  fixing  value. 

Wool  of  different  qualities  in  same  bale,  &c.,  how 
appraised  by 

How  tocertify  deficiency  in  package,  &c.,  to  collector. 

To  examine  upon  oath  owners,  cSrc,  as  to  value,  and 
require  production  of  paj>ers 

To  certify  rate  of  damage 

To  revise  report  of  assistants,  &c.,  reappraisement  by, 
how  ordered 

At  New  \"ork  not  to  engage  in  m.ercantile  business 

What  provisions  to  apply  to - 

To  revise,  &.C.,  report  of  assistant  appraiser  to  inspect 
damaged  goods 

When  to  direct  exti'a  labor  of  officers 

When  to  attend  in  other  districts 

What  deemed  to  be  certificate  of 

Powers  of,  to  lease  or  hire  buildings,  &c 

Buildings  to  be  leased  for  use  of 

To  appraise  goods  remainiug  in  public  store  btiyond 
one  year,  pi-eparatory  to  sale 

Goods  entitled  to  drawback,  when  to  be  inspected  by  . 

Dutiesof,  in  case  of  property  seized,  &c.,  perditflui  com- 
pensation of 

When  to  certify  deterioration,  &c.,  of  articles  seized  .. 


Section  R.  S.  or  | 

Page. 

act  Congress. 

2.565 

311 

2549 

30(5 

2529 

300 

2530 

300 

■  2558 

309 

2602 

318 

2569 

312 

2518 

297 

2600 

318 

2536 

303 

2538,2539 

304 

2604 

318 

2587 

316 

2544 

305 

2545 

306 

2532 

301 

2583 

315 

2560 

309 

2553 

307 

2598 

317 

2608 

319 

2729 

335 

2730 

335 

2724 

335 

2726 

335 

2727 

335 

2728 

335 

2725 

335 

2614 

320 

2614 

320 

2615 

.320 

2746 

336 

2901 

365 

2902 

366 

2911 

367 

2912 

367 

2921 

368 

2922 

368 

2927 

369 

2929 

370 

2941 

372 

2942 

373 

2943 

373 

2944 

373 

2947 

373 

2950 

374 

2953 

374 

2955 

374 

2973 

1     377 

3034 

1    386 

3074 

393 

308(1 

395 

INDEX. 


429 


iliject. 


Apprentices  to  sea-nervlce  : 

Shippiug  eoinmissiouers  sball  procure  

liuleiitures  of,  shall  be  produced  to  commissioners 

Shipping-articles  of  vessels  in  coasting-trade  not  to  be 

signed  i>,v 

Wages  not  to  depend  on  freight  earnings 

Not  subject  to  attachment 

Disposa  1  of  effects  of  deceased 

Rules  of  i)rocedure   

Penalty  for  neglect 

Duty  *»f  consuls,  &.c 

Payment  of  wages,  &c  .  on  death  of,  in  United  States.. 
Of  deceased,  delivery  of  wages,  »S:c.,  to  circuit  court  .. 

Distribution  of,  by  court 

Disposal  of,  when  miclaimed 

Fees  for  shipping 

Who  shall  ])ay,  Ac 

Penalty  for  taking  illegal 

Offenses  and  punishment  of \ 

Arrest  of,  for  desertion 

Penalty  for  drunkenness  and  neglect  of  duty 

Enforcement  of  forfeitures  of 

Part  of  wages  to  pay  for  expense  of  conviction  of 

Form  of  account  of 

Appropriations — 

Permanent,  for  salaries  of  steamboat-inspection  officers. 
Of  fund  for  sick  and  disabled  and  destitute  seamen . . . . 
Authority  of  Light-House  Board  to  purchase  sites  for 

light-houses 

Expense  of  substituting  light-houses  on  pile  founda- 

t  ions 

Arrest — 

Customs  officers,  when  to  board  vessels  and  make,  &c. 
When  to  demand  assistance  in  making  ;  penalty  for  re- 
fusal  

Of  vessels  arriving  and  departing  from  port  before 

making  report  or  entry 

Of  wages  of  seamen,  not  legal 

An-ivnl  of  vessels : 

Report  by  masters  after 

In  district  other  than  of  Jlrst 

Aapinuall : 

Consul  at,  salary  of 

Resident  mail-agent  at.  authorized 

Assault — 

Upon  officers,  puuishnieut  of  seamen  for 

Upon  customs  officer,  &c.,  in  execution  of  duty 

Assignee,  when  to  make  oath  to  invoices  in  customs  cases  .. 
Assignment — 

Of  indentures  of  apprentices  to  sea-service 

Of  wages,  not  to  prevent  payment  to  seamen 

Of  prize  or  bounty  nxmey  by  persons  in  naval  service.. 
Assistant  appraisers  of  customs — 

At  Boston,  Mass 

At  Maine 

At  New  York 

At  Philadelphia,  Pa 

At  San  Francisco,  Cal 

Oaths  of,  at  New  York,  Boston.  Philadelphia,  and  San 

Francisco 

Reports  ot;  at  New  York 

Salary  of,  at  New  York 

At  Bo'ston,  Philadelphia,  Baltimore,  New  Orleans,  Port- 
land, and  San  Francisco 


Section  R.  S.  or  | 

Page. 

act  Congress.  ; 

4.509 

173 

4r,io 

173 

4520 

175 

4.52.5 

176 

4.536 

178 

4538 

178 

4539 

178 

4.540 

179 

4541 

179 

4542 

179 

4543 

180 

4544 

180 

4545 

180 

4592 

192 

4.593 

192 

4.595 

192 

4596 

192 

4.599 

194 

4602 

195 

4603 

195 

4605 

195 

4612 

197 

4461 

101 

.   4.545 

180 

4660 

146 

4668 

147 

3059 

391 

3071 

393 

2773 

339 

4536 

178 

2774. 2775 

:'.39,  340 

2781 

341 

1690 

218 

4021 

120 

459() 

192 

5447 

241 

2846 

354 

4510 

173 

4536 

178 

4643 

252 

2529 

300 

2518 

297 

2536 

303 

2544 

3C5 

2583 

315 

2615 

•  320 

2615 

320 

2731 

335 

430 


INDEX. 


Subject. 


Assistavt  apjjraisers  of  customs — Continued. 

At  New  York,  one  to  exaniiue  tirngs.  &c 

Not  to  engage  in  nifrcanfile  business 

One  to  inspect  and  appraise  damaged  goods,  report  of . 

Lal)or  beyond  usual  hours 

Assistant  collectors  of  customs — 

At  New  York 

At  Jersey  City 

Powers  and  duties  of 

At  Camden,  N.  J.,  powers  of  

At  New  York,  salary  and  duties  of --. 

At  Jersey  City,  N.  J.,  salary  of 

At  Camden,  N.J " 

Astoria,  Uraj. : 

Port  of  entry , 

Collector  to  reside  at 

Duties  of  collector  at,  in  cases  of  vessels  bound  for 
Portland 

Vessels  arriving  at  -   

Athens: 

Consul  at.  salary  of 

Attachment  of  wages  of  seamen,  not  legal 

Auction  at  mast,  when  eli'ects  of  deceased  seamen  may  be 

sold  at - 

Augusta,  Ga. : 

Port  of  delivery 

Surveyor  to  reside  at 

Goods  for,  where  entered 

Avx  Ca.,es,  consul  at,  salary  of , 


Section  E.  S.  or 
act  Congress. 


Baggage : 

Entry  of  imported 

"When  not  by  owner,  bond  required 

Examination  and  search  of,  dutiable  articles  in,  per- 
mit to  land,  &c 

Concealing  dutiable  articles  in,  penalty 

In  transit  to  foreign  country  to  be  delivered  to  collector. 

Search  of 

Of  passengers  from  contiguous  foreign  countries,  in- 
spection of 

When  customs  officer  to  retain,  &c.,  forfeiture  of 

Bahia,  consul  at,  salary  of 

Bail  : 

Otlficers  of  revenue-cutter  service,  when  admitted  to  — 

Of  seamen  committed  on  refusal  to  sail,  &c 

Baltimore,  Aid.: 

Lollection  district  and  port  of  entry 

Customs  officers  in,  residence  of 

Inspectors  of  hulls  and  boilers  ibr  

Salaries  of 

Bangkok : 

Consul  at,  salary  of 

Interpreter  at  consulate  of,  salary  of;  marshal  of,  no 

salary 

Bangor,  Me.: 

Collection  district,  port  of  entry 

Collector  and  deputy  collector  iu,  residence  of 

Barcelona,  ^^.  Y.: 

Port  of  delivery  

Deputy  collector  at 

Barcelona,  Spain,  consul  at,  salary  of 

Barges,  passenger,  iu  tow   of  steamers,   provision  for  se- 
curity of  life  on  ;  penalty  for  violating  provisions... 
Barmen,  consul  at,  salary  of 


2941 
2943 
2944 

2535, 2536 
253K 
2536 
2544 
2694 
2695 


2586 

2587 

2588 
2590 

1690 
4536 

4538 

2559 
2560 
2817 


2799 
2800 

2801 
280-2 
2803 
3064 

3100 
3101 
1690 

2765 

4558 

2548 
2549 
4414 
4414 


Page. 


303 
302. 303 
303 
305 
332 
332 
332 


2517 
2518 


2535 
2536 


4492 
1690 


INDEX. 


431 


Subject. 


Barnsiahh,  Masn. : 

Collection  district  and  port  of  entry 

Collector  to  rebide  at 

Barrhujinn,  R.  I. ,  port  of  delivery 

Basle,  consul  at,  salary  of 

Batuvia,  consul  at,  salary  of 

Bath,  Me.: 

Collection  district  and  port  of  entry 

Collector  to  reside  at 

Bay  of  Inland!^,  consul  at,  salary  of 

Bayou  iSuint  John,  La. : 

Port  of  delivery  in  district  of  New  Orleans 

Surveyor  to  reside  at,  duties  c.f 

Vessels  bound  for,  what  to  do 

'J"o  uulade  at,  after  making  report,  &c  

Departing  from,  for  foreign  ports,  how  cleared 

Bayport,  Fla.  : 

Port  of  delivery - 

Surveyor  to  reside  at 

Merchandise  for,  where  entered 

Beaufort,  JV.  C.  : 

Collection  district  and  port  of  entry  ;  when  port  of  en- 
try may  be  changed 

Collector  in,  to  reside  at  port  of  entry 

Beaufort,  S.  C. : 

Colletion  <listrict  and  port  of  entry 

Collector  in    

Beacons: 

None  to  be  erected  until  jurisdiction  of  site  ceded  to 

United  States 

When  cession  deemed  sufficient 

Preliminary  surveys  for 

V'i^'>  Materials  for  construction  or  repairs  of 

Beirut,  consul  general  at,  salary  of 

Belfast,  Ireland,  consul  ar,  salary  of 

Belfast,  Me. : 

Collection  district  and  port  of  entry 

Collector  to  reside  at 

Benedict,  Md.,  port  of  delivery 

Benicia,  Val.,  insi)ector  of  customs  to  reside  at 

Benzine  and  benzole — 

Not  to  be  carried  on  steam  passenger-vessels 

How  jiacked  and  marked  lor  shipment 

Pcnali.N  for  shipping  contrary  to  law 

Berkley,  Muss. ,  port  of  del i  very 

Bermuda  Hundred,   Fa.: 

Port  of  entry  to  extend  from  Richmond  and  Manches- 
ter, Va. ,  to 

Surveyor  to  reside  at .- 

Berths — 

For  vessels  carrying  passengers 

Penalty  for  violating  regulations 

Berwick,  Me.: 

Port  of  delivery 

Goods  for,  mav  be  entered,  &c.,  at  Portsmouth,  N.  II. < 

or  York,  Me 

Bills  of  hulinfi : 

When  to  be  produced  to  collectors  of  customs,  itc  ... 

When  entry  of  goods  imperfect  for  want  of 

Bills  of  sale—  ' 

Of  ves.sel  to  recite  certificate  of  registry  at  length 

Not  valid  unless  recorded 

To  be  recorded  by  collectors  of  customs 

Certificates  discharging,  to  be  recorded 

What  record  of,  to  be  kept  in  books 


Section  R.  S.  or 
act  Congress. 


2527 
2.^)29 
2.531 
1690 
1690 

2517 

2.518 
1690 

2.'>(;h 
-5(i9 
2r.70 
2571 
2575 

2562 
2563 
2819 


Page. 


300 
300 
218 
218 

296 

297 
218 

311 
312 
312 
313 
313 

310 
310 
347 


2555 
2556 

308 
308 

2557 
2558 

309 
309 

4661 
4662 
4663 
4666 
1690 
1690 

146 
146 
146 
146 

218 
218 

2517 
2518 
2548 
2583 

296 
297 
306 
315 

4472 
4475 
4476 
.2527 

83 

84 

84 

298 

2552 
2553 

307 
307 

4255 
4255 

66 
66 

2522 

298 

2524 

298 

2785 
2789 

341 
.  342 

4170 
4192 
4193 
4193 
4193 

16 
21 
22 

22 
22 

432 


INDEX. 


Subject. 


JJiUs  of  sale — Coutiuu.'d. 

What  to  be  certified  ou 

Fee  for  recording 

Not  to  be  recorded  uuless  acknowledged 

Collectors  to  keep  index  of  records 

Index  and  record  open  to  inspection    

Collectors  to  furnish  certificate  relating  to 

Fee  for  such  certificate 

Fee  for  furnishing  certified  copy  of  record 

Interest  of  each  owner  to  be  named 

Fees  for  recording,  &c 

Birmingham,  consul  at,  salary  of 

Birtlis  happening  on  vessel  to  be  recorded  in  log-book 

Blasting  oil — 

Not  to   be  shipijed  on  passenger- vessel  or  vehicle 

How  packed  and  marked  for  shipment 

State  regulation  of  transportation  of 

Block  Islavd  : 

Appointment  of  keepers  of  life-saving  stations  on  coast 
of 

Employment  of  crews  of  surfmen  on 

Supervision  of  life-saving  station  on 

Blue  Hill,  Me. ,  port  of  delivery 

Boarding  oncers — 

Shall  report  violations  of  provisions  respecting  crew- 
lists,  &-C 

Crew-list  and  crew  to  be  produced  to  and  examined  &c., 

by A - 

Boarding  vessels  by  unauthorized  persons  prohibited;  pen- 
alty   — 

Board  of  Supervising  Inspectors  of  Steam- vessels  : 

How  constituted 

Yearly  meetings  of,  at  Washington 

Other  meetings  of,  when  to  be  held 

To  establish  regulations 

Kegulations  to  have  force  of  law,  when 

To  assign  supervising  inspectors  to  districts 

To  establish  regulations  for  steam-vessels  passing  each 
other 

Penalty  on  pilot,  engineer,  master,  &c.,  not  observing 
regulati  on  s 

For  security  of  life  ou  yachts,  ferry  and  canal  boats 

For  carrying  petroleum 

May  require  fire-extinguishers 

To  prescribe  life-boats  for  river-passenger  steamers .. . 

To  decide  what  life-boats,  rafts,  preservers,  &c.,  shall  be 


Section  R.  S.  or 
act  Congress. 


Page. 


Penalty  for  violating  such  regulations 

Instruments  for  security  of  life  to  be  appaoved  by 

To  prescribe  regulations  for  security  of  life  on  passen- 
ger barges,  &c 

Boats : 

Small  open,  when  to  be  employed  by  collector  of  cus- 
toms   

Not  employed  in  revenue  service,  carrying  ensign, 
Arc,  penalty  for 

Or  lighters  not  masted,  or  if  masted,  not  decked,  em- 
ployed in  harbor  

For  river  passenger  steamers 

For  lake,  ocean,  &c.,  steamers 

Penalty  for  not  carrying  , 

Boats  on  the  Saint  I>awrence 


4193 
4193 
4193 
4194 
4194 
4194 
4194 
4195 
4196 
4382 
1690 
4290 

4278 
4279 
4280 


4247 
4247 

4248 
2517 


4575 


Bonded  goods.     (See  Transportation  of  merchandise.) 


4405 
4405 
4405 
4405,  4411 
4405 
4405 

4412 

4413 
4426 
4472 
4479 
4481 

4488 
4489 
4491 

4492 


4385 

4481 

4488 

4489 

Act  June  19,'8(), 

sec.  16. 


218 
207 

71 
71 
71 


133 
133 
133 


188 
195 


61 

85 

86 

86 

132 


INDEX. 


433 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page 


Bonded  and  warehouse  system  : 

Provisions  concerning 

Bonds : 

When  masters  of  vessels  to  give  re-exportation  ;  na- 
ture of 

When  and  by  whom  to  put,  in  suit 

Navigation,  for  registry  of  vessel 

Conditions  of -- 

Cancellation  of,  on  surrender  of  certificate 

For  passport  for  vessel  in  foreign  commerce 

By  alien  owner,  resident  in  United  States,  to  secure 
'enrollment  and  license  of  river,  &.c.,  steamboat , 

By  husband  or  master  to  secure  license  for  coasting  or 
fishing  vessel - - 

For  enrollment,  or  license,  or  renewal  of  vessels  in  an- 
other district 

To  secure  judgment  against  steam-vessel  carrying  more 

than  lawful  number  of  passengers 

Boofh  Bay,  Me.,  port  of  delivery 

Bordeaux,  consul  at,  salary  of 

Boston,  Mass. : 

Port  of  entry 

Customs  officers  to  reside  at 

Clerks  and  employes  in  office  of  appraiser  of  customs, 
how  appointed,  number  and  compensation  of 

Inspectors  of  hulls  and  boilers  for  collection  district  of 

Their  salaries 

Boston  and  Charlesiown,  Mass.: 

Collection  district 

Officers,  residence  of 

Additional  iuspectoi's  for 

Boulogne,  consul  at,  salary  of 

Bounty — 

To  be  paid  for  persons  on  board  vessels  of  enemy  de- 
stroyed   

To  be  divided  in  same  manner  as  prize-money 

When  number  on  board  cannot  be  ascertained,  how  to 
be  estimated 

Sum  to  be  paid  in  other  cases  of  vessels  destroyed 

Awarded  to  vessels,  how  distributed 

Branford,  Conn.,  port  of  delivery 

Brashear,  La.  : 

Port  of  entry  

Collector  to  reside  at 

Brazilian  tnail  steamships  : 

Exempted  from  port  charges,  &c 

Duration  of  such  exemption 

Brazos  de  Santiago,  Tex,  : 

Collection  district. .'. 

Dei)iity  collector  to  reside  at,  powers  of 

Transshipment  of  merchandise  from  Brazos  Harbor  to 

Brownsville 

Breach  of  duty,  penalty  for,  on  merchant  vessels 

Brinaisi,  consul  at,  salary  of 

Bristol,  Mt. ,  port  of  deli  very 

Bristol  and  Warren,  /»'.  /. ; 

Collection  district  and  port  of  entry 

Collector  in,  to  reside  in  Bristol 

Brilinh  Sorth  America  : 

Consular  fees  for  certifying  certain  invoices  in 

Imi)oi  ts  from,  entered,"  &c.,  at  certain  ports,  to  what 
ports  transported  for  benefit  of  drawback,  &c 

What  imports  may  be  exported  from  warehouse  and 
transported  to,  «fec 

H.  Mis.  391 28 


3954,3008  374,382 


r 76, 2777 
2778 
4145 
4146 
4175 
4306 

4317 


4328 

4469 
2517 
1690 

2527 
2529 

2530 
4414 
4414 

2527 
2529 


4635 
4635 

4635 
4635 
4642 
2533 

2568 
2569 


340 

340 

8 

8 

18 

43 

45 

46 

47 

83 
296 
218 

298 
300 

300 
90 
90 

298 
300 
319 
218 


251 
251 

251 
251 
252 
301 

311 
312 


4232 
4232 

38 
38 

2578 
2579 

313 
314 

2581 
4602 
1690 
2517 

314 
195 
219 
296 

2531 
2532 

300 
301 

1721 

223 

3053 

390 

3054 

390 

434 


Subject. 


Uritish  North  America  -Continued. 

What  imports  may  l)e  exjiorted  to 

Provisions  concerning  lading  and  unlading  of  vessels 

from 

British  provinces  : 

Im])orted  merchandise  for,  arriving  at  certain  ports, 
how  entered  and  conveyed 

Imports  and  domestic  products,  &c.,  how  transported 
over  territory  of , 

Merchandise  exported  to,  not  to  be  lauded  in  United 

States ;  penalty  

British  vessels — 

May  engage  in  coasting-trade  on  Saint  Lawrence  and 
Great  Lakes,  when 

Suspension  of  privilege,  when 

Brownsville,  Tex. : 

Port  ot  entry 

Collector  to  reside  at 

Transshipment  of  merchandise  to,  by  Brazos  Harbor.. 
Brunstvirk,  Ga.  : 

Collection  district  and  port  of  entry 

Collector  to  reside  at 

Collector  at,  may  grant  permits  to  unload  vessels  in 
Savannah  collection  district  and  appoint  inspectors 

for  such  vessels 

Brunsivick,  Me. ,  port  of  delivery 

Bucksport,  Me. ,  port  of  delivery 

Buenos  Ayres,  consul  at,  salarv  of 

Buffalo,  N.  Y. : 

Port  of  entry 

Collector  to  reside  at 

Additional  inspector's  for  district  of 

"Weighers,  gangers,  measurers,  and  inspectors  for 

Inspectors  of  hulls  and  boilers  for  district 

Their  salaries 

Buffalo  Creek,  N.  Y. : 

Collection  district 

Collector  and  ajipraiser  in,  residence  of 

Builder — 

Of  vessels  to  engage  in  cooly  trade,  penalty  upon 

Of  recorded  vessels,  oath  of,  to  retain  record 

To  countersign  certificate  of  measurement 

Bureau  of  Navigation  established  in  the  Treasury  Depart- 
ment   

Buoys : 

Materials  for  construction  or  repair  of,  how  to  be  pro- 
cured  

On  coasts,  bays,  &c.,  how  to  be  colored  and  numbered 
Burlington  : 

Inspectors  of  hulls  and  boilers  for  district  of 

Their  salaries 

Burlington,  Iowa  : 

Port  of  delivery  in  district  of  New  Orleans 

Surveyor  to  reside  at,  duties  of 

Burlington,  N.J.  : 

Collection  district  and  port  of  entry 

Collector  in,  residence  of 

Burlington,  Ft. : 

Port  of  entry 

Collector  to  reside  at 

Cadiz,  consul  at,  salary  of 

Cairo,  III.  : 

Port  of  doliverv  in  district  of  New  Orleans 


Section  R.  S.  or 
act  Congress. 


Page. 


3056 

390 

3129 

404 

3005 

381 

3006 

382 

3008 

382 

4347 
4347 

50 
50 

2578 
2579 
2581 

313 
314 
314 

2559 
2560 

307 
309 

2561 
2517 
2517 
1690 

309 
296 
296 

218 

2535 
2536 
2605 
2606 
4414 
4414 

302 
303 
31,9 
319 
90 
90 

2535 
2536 

302 
303 

2160 
4180 
4181 

103 
19 
19 

Act  July  5,  '84 

39 

4666 
4678 

146 
148 

4414 
4414 

90 
90 

2568 
2569 

311 
312 

2541 
2542 

304 
305 

2525 
2526 

298 
298 

1690 

218 

2568 

311 

INDEX. 


435 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


of 


Cairo,  III. — Continued. 

Surveyor  to  reside  at,  dut 
Calais,  Me.  : 

Port  of  delivery 

Depu  ty  collector  to  reside  at 

May  eater  and  clear  vessels,  &c 

Calcutta,  cousnl-geueral  at,  salary  of 

Callao,  consul  at,  salary  of 

Camhoose — 

For  vessel  carrying  other  tban  cabin  passengers  be 

tween  Europe  and  United  States 

Penalty  for  failure  to  provide 

CamhrUhje,  Mass. ,  port  of  delivery 

Camhridye,  Md.,  port  of  delivery ■ 

Camden,  Mt.,  port  of  delivery 

Camden,  X.  J.  : 

Port  of  delivery  in  Philadelphia  collection  district.. 

Assistant  collector  to  reside  at ;  duties 

Enrollment  and  license  of  vessels  by 

Campheiie — 

Not  to  be  carried  on  steam  passenger  vessel 

How  packed  and  marked  for  shipment 

Penalty  lor  shipping,  contrary  to  law 

Canada,  Dominion  of: 

Consular  officers  not  to  collect  tonnage  fees  from  vessels 

touching  at  ports  of 

Certain  fish  and  fish-oil,  produce  of  fisheries  of,  free  of 

duty   

Merchandise  imported  from,  in  steamers  on  Lake  Cham- 
plain,  when  and  in  what  districts  maybe  landed 

Lading  and  unlading  of  vessels  from 

Vessels  of,  may  engage  in  coasting-trade  on  lakes,  &c., 

under  treaty  of  Washington,  when 

Suspension  of  privilege  by  President 

Exemption  from   tonnage  duties  of  certain  vessels  on 

inland  waters  tradiug  with 

Canal-hoals: 

Steam,  exempted   from   provisions  regulating  steam- 
vessels 

Without  masts  or  steam-power 

Cancellation — 

Of  certificates  of  registry  of  vessels  where  new  issued. 

Of  certificates  of  registry  of  lost,  &c.,  vessels 

Of  bond  for  registry  of  vessel ■ 

Candia,  consul  at,  salary  of 

Canton,  consul  at,  salary  of 

Caxie  Cod: 

Appointment  of  keepers  for  life-saving  stations  at 

Eiii))loyment  of  crews  of  surfmen  at 

Cajye  Ilaiitien,  consul  at,  salary  of 

Crtj>e  of  Good  Hope,  duties  on  articles  produced  east  of 

Cape  Porpoise,  Me. ,  port  of  deli  very 

Cape  Town,  consul  at,  salary  of 

Cape  I'incent,  X.  Y.: 

CoUection  district  and  port  of  entry 

Collector  in,  to  reside  at 

Captains  of  vessels.      (See  Masters.) 
Captors — 

Of  prizes  proper,  shares  of 

How  distributed 

Captures  : 

As  prize,  provisions  concerning  property  employed  in 

aid  of 

Insurrection,  when  subject  of,  &c - • 

Proceedings  in  cases  of,  on  account  of  use,  &c.,  in  aid 
of  rebellion,  where  may  be  had,  and  how  instituted 


2569 

•2517 
2518 
2521 
1690 
1690 


4258 
4259 
2527 
2548 
2517 

2543 
2544 
4341 

4472 
4475 
4476 


1722 
2503 


3128 
3129 


4347 
4347 


4221 


312 

296 
297 
298 
218 
218 


67 

67 

298 

306 

296 

305 

305 

49 

83 
84 
84 


223 

283 


404 
404 


35 


4400 
Act  Apr.  18, '74 

88 
23 

4170 
4174 
4175 
1690 
1690 

16 

17 

18 

218 

218 

4247 
4247 
1(590 
2502 
2517 
1690 

133 
133 
218 
2.^7 
2'.«) 
218 

2535 
2536 

302 
303 

4630 
4631 

250 
250 

4613,  4652 
5308 

247-254 
235 

5309,5311 

235 

436 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Congress. 


Captures — Continued. 

Doing  any  act  relating  to  bringing  in,  custody,  sale, 
&c.,  of  property  captured  as  prize,  or  documents, 
&.C.,  with  iuteiit  to  defraud,  &c.,  United  States  or 

any  cajitor 

Cargo — 

Of  vessels  arriving  from  foreign  ports,  -wliere  to  be  en- 
tered and  unloaded 

Penalty  for  unlading  without  permit;  exceptions,  &c- 

Of  vessels  in  distress,  of  perishable  nature,  &c.,  when 
aud  how  disposed  of 

When  delivery  of,  does  not  agree  with  master's  report, 
penalty , - 

Of  vessels  seeking  jioit  in  distress,  not  disposed  of,  how 
reladen,  charges,  &c 

Of  Spanish  vessels  seeking  port  in  distress,  provisions 
concerning  unlading  aud  relading  of 

Articles  separate  from,  customs  officers  what  to   do, 

penalty  for  breaking  seal,  &c 

Carondelct  Canal,  La.  : 

Vessels  for  Bayou  Saint  John  may  unlade  at,  after  mak- 
iug  report,  «fec 

Departing  from,  for  foreign  jtorts,  how  cleared 

Carrying  mail — 

On  established  post-roads  shall  be  provided  for 

To  court-houses  shall  be  provided  for 

On  navigable  canals  . . : 

On  plank  roads 

In  steamboats,  &c 

In  steamships 

To  officers  not  on  established  routes 

On  routes  not  established  by  law 

On  vessels  in  foreijjn  trade 

On  steamboats  not  in  regular  mail  service 

On  vessels  not  in  mail  service 

Eoute  agents,  &lc.,  engaged  in,  to  receive  certain  let- 
ters, <fcc 

In  foreign-bound  vessels,  &c.,  illegally 

In  arriving  vessels ;  delivery  oath 

Unlaw  fully  ;  search  of  vessels 

Seizing  letters,  &c 

Disposition  of  seized  letters,  «fec 

By  private  hands,  &c.,  when  allowed 

When  in  stamped  envelopes,  &c 

Separating  letters  for  expedition  in 

To  foreign  countries  in  steamships 

Pay  for 

Contractors  for,  may  be  fined 

Of  foreign  countries  through  United  States 

Rates   of  postage  on,  when  carried  in  foreign  vessels. 
(See  Contracts  for  carrijing  mail.) 
Carthagena  : 

Consul  at,  salary  of 

Carrying  official  number  and  tonnage  on  main  beam  . . 
Caaline,  Me.  : 

Collection  district  and  port  of  entry 

Collector  in,  to  reside  at 

Cattaraugus  Creek,  N,  Y. : 

Port  of  delivery 

Deputy  collector  at 

Cedar  Keys,  Fla.  : 

Port  of  entry 

Collector  to  reside  at - ^  -  -  - 

Certificate  (commerce  and  navigation)  of  cancellation  of  bills 
of  sale,  &c.,  by  whom  aud  how  recorded,  «fec 


5441 


2770 

339 

2867 

358 

2892 

364 

2893 

364 

2894 

364 

2895 

364 

3069 

392 

2571 

213 

2575 

213 

3965 

116 

3966 

116 

3967 

116 

3968 

116 

3969 

116 

3970 

116 

3971 

116 

3975 

116 

3976 

116 

3977 

116 

3978 

117 

3980 

117 

39.S7 

117 

3988 

117 

3989 

117 

3990 

117 

3991 

117 

3992 

118 

3993 

118 

3994 

118 

4008 

118 

4009 

119 

4010 

119 

4012 

119 

4015 

119 

1690 

218 

5 

27 

2517 

296 

2518 

297 

2535 

302 

2536 

303 

2562 

310 

2563 

310 

4193 


INDEX. 


437 


Subject. 

Section  R.  S.  or 
act  Congress. 

Page. 

Certificate  {coasiing  trade),  penalty  for  forging,  altering,  &c. 
Certificate  (cufitoms) : 

Masters  of   vessels  failing   to  obtain,  from  collector 

•nrlioii   iTniiitr  tr>  r>thf>r  (1i>strift,    A^o.     nennltv 

4375 

2784 

2«86 

2950 

3044 
.3045 
3116 
3124 

3041 

3043 

3047 

5417 

4553 

4588 
4591 

1690 

2535 

2536 

2605 

Act  Mar.  2, '81 

2557 
2558 
4414 
4286 
25^7 
2533 

2527 
2529 
1690 

2552 
3553 

2549 
4343 

2543 
2544 

2601 
2602 
2605 
2606 
4414 
4414 

58 
341 

Accoiupauying  casks  of  imported  spirits,  wben  to  be 

canceled,  refusing  to  deliver,  penalty 

Of  appraiser  of  customs   and   revenue   officer,  what 

362 
374 

Of  consiguee,  &c.,  of  exported  merchandise,  when  to 

388 

Of  consul,  officer  verifying  same,  confirmation  of 

Of  clearance  of  vessels  on  northern,  &c.,  frontiers. 

3«8 
402 
403 

For  debenture  of  goods  exported  from  district  other 

387 

Of  exportation,  bond  to  be  given  for  delivery  of  mer- 

388 

Of  landing  of  exported  merchandise,  when  cannot  be 

389 

Forging,  al'tering,  &c.,  certificate  of  entry,  knowingly 

240 

Cei-tificate  of  character— 

182 

Certificate  of  citizenship  shall  be  furnished  to  seamen  ; 

191 

T.iat  nf  tn  Spprptsirv  nf  State                  .           .         ..... . 

•      192 

(See  Citizeiiship.) 
Certificate  of  enrollment.     (See  Vessels.) 
Certificate  of  ivifpection.     (See  Inspection  of  steam  vessels.) 
Certificate  of  license.     (See  Vessels.) 
Certificate  of  ownership.     (See  Vessels.) 
Certificate  of  record  of  vessels.     (See  Vessels.) 
Certificate  of  registry  of  vessels.     (See  Vessels.) 

218 

Chamjylain,  N.  Y.  : 

302 

303 

319 

Change  of  name  of  vessel 

Charleston,  S.  C.  : 

24 
309 

309 

90 

Charterer  of  vessel  deemed  owi-er,  when 

Chatham    Alass    port  of  deli verv              •       -•      - -- 

81 
298 

301 

Chelsea,  Mass.— 

298 

300 

218 

Cherrystone,  Va.  : 

307 

Collector  to  reside  at                          .-     . ...... .. 

307 

Chesapeake  City.  Md.: 

Deiuit  v  col  lector  of  customs  to  reside  at 

306 

49 

Chester,  Pa.  : 

Port  of  delivery                                 

305 

305 

Chicago,  III.  : 

318 

Collector  and  appraiser  to  reside  at           .    ... . 

318 

Additional  inspectors  for  district  of 

Weighers,  gangers,  measurers,  and  inspectors  for 

319 

319 

90 

Their  salaries 

90 

438 


INDEX. 


Subject. 


Section  E.  S.  or 
act  Cougress. 


Chinese  immigration • 

Cienfuegos,  consulate  at,   may  be  established ;   salary  of 

consul  

Civeinnati,  Ohio : 

Port  of  delivery  in  district  of  New  Orleans 

Surveyor  and  appraiser,  duties  of 

Weighers,  gangers,  measurers,  and  inspectors  for 

Circuit  courts  : 

Admission  of  alien  seamen  to  citizenship  by .. 

power  of,  to  appoint,  remove,  and  regulate  shippiug 
commissioners 

Masters  of  vessels  to  be  accountable  for  effects  of  de- 
ceased seamen  to 

Shipping  commissioners  shall  pay  proceeds  of  effects, 
&c.,  of  deceased  seamen  to - 

Distribution  by,  of  proceeds  of  deceased  seamen's  ef- 
fects, &c 

Disposal  by,  of  proceeds  of  deceased  seamen's  effects, 
&c.,  when  unclaimed 

Jurisdiction  of,  in  penalties,  &c.,  under  Title  Merchant 

Seamen 

Circuit  judges,  to  fix,  &c.,  bonds  of  shipping  commissioner.. 
Citizens  of  United  States  : 

Not  to  build,  equip,  &c.,  vessels  for  transporting  cool- 
ies  

Forfeiture  of  vessels   belonging   to,   engaged  in  the 
cooly  trade 

Penalty  for  building,  navigating,  &c.,  vessels  of,  era- 
ployed  in  cooly  trade 

Penalty  of,  for  receiving  on  board  or  transporting  cool- 


Examination  and  seizure  of  suspected  vessels  of 

Alien  seamen  may  become,  in  what  manner 

Commanders  and  ofiQcers  of  vessels  of  United  Stales 

must  be 

Vessels  of  the  United  States  must  be  owned  by 

Usually  residing  abroad,  registry  of  vessels  owned  by, 

when   

Citizenship: 

Admission  of  alien  seamen  to 

Certificates  of,  to  be  furnished  to  seamen  by  collectors, 


Lists,pf,  to  be  furnished  by  collectors  to  Secretary  of 

Treasury 

City  Point,  Va.,  port  of  entry,  to  extend  from  Petersburg 

to,  &c '. 

Clearancrs,  blank,  to  be  kept  for  sale  by  certain  collectors 

of  customs 

Clearance  of  vessels — 

From  certain  ports,  laden  with  live-oak  timber,  con- 
ditions of 

Ship's  papers  to  be  returned  upon 

Ferry-boats  not  required  to  clear 

On  northern,  &c.,  frontiers 

In  foreign  and  coasting  trade,  departing  for  ports 
where  no  custom-house  . 

In  foreign  trade,  not  to  be  granted  until  mails  have 
been  received 

Oath  as  to  letters  required  before  granting 

Bound  to  foreign  port,  how  granted 

Penalty  on  mast er  for  departing  without 

Oath  by  master  to  obtain 

Form  of  report  and  manifest  to  obtain 

Manifests  of  shippers  to  obtain 


Page. 


Act  May  6,  '82 
ActJuly5,'84 

1694 

2568 
2.^69 
2606 

2174 

4501 

4540 

4543 

4544 

4.545 

4610 
4502 

2158 

2159 

2160 

2161 
2163 
2174 

4131 
4131 

4133 

2174 

4588 
4591 
2552 
2648 


2463 
2790 
2792 
3116 

3118 


104 
107 

219 

311 
312 
319 

206 

171-204 

179 

180 

180 

180 

196 
171 

103 

103 

103 

103 
104 
206 

5 
5 


191 
192 
307 


3987 
4197 
4197 
4198 
4199 
4200 


113 
349 
342 

402 

402 

116 
117 

28 
28 
28 
29 
29 


INDEX. 


439 


Subject. 


Clearance  of  vessels — Continued. 

Oath  of  master,  owner,  shippers,  and  consignors,  be- 
fore granting 

Form  of  oath 

Not  to  be  granted — 

Until  State  inspection  laws  complied  with 

Until  mails  received  on  board 

Until  bullion,  coin,  securities,  &c.,  of  United  States 

ottered  by  Government  received  on  board 

Not  granted   to  vessels  from  certain  ports  laden  with 

live-oak  timber  until,  &c 

Not  to  be  granted  until  all  fees  paid 

Rates  of  fees  of  consular  and  diplomatic  officers  to  be 

attached  to 

Of  steamboat  going  from  Lake  Champlaiuto  Province 

of  Quebec 

Of  foreign  vessel  to  be  produced  on  entrj' 

Penalty  on  master  failing  to  produce.. 

Exception  as  to  vessels  of  certain  nations 

Production  of,  to  foreign  consul  to  obtain  papers 

Penalty  on  foreign  consul  delivering  papers,  without 

production  of 

Licensed  yachts  exempt  from,  when 

Foreign  yachts  exempt  from,  when 

Fees  for  (see  Fees) 

Nor   to  btt  granted  until  master  has  furnished  crew- 

list 

Secretary  of  Treasury  may  refuse,  to  vessel  suspected  • 

to  be  bound  for  insurrectionary  ports ;  attempting  | 

to  depart,  «&c.,  without  forfeiture 

When  bond  may  be  taken  upon,  that  cargo  shall  not  j 

be  used  in  aid  of  insurrection - j 

Falsely   making,  forging,  altering,  &c.,   uttering 

true  any  false,  &c 

Cleveland,  Ohio  : 

Collector  and  appraiser  of  customs 

Weighers,  gangers,  measurers,  and  inspectors  for  ... 

Inspectors  of  hulls  and  boilers  for 

Clothing,  seamen's: 

Vessels  shall  carry,  for  winter  use 

To  be  forfeited  for  desertion 

Disposal  of,  when  forfeited  by  desertion   

Coal  : 

Of  steam  vessels,  exempt  from  duty 

Imported,  where  stored 

Drawback  on 


Section  R.  S.  or 
act  Congress. 


Page. 


4200 
4201 

29 
29 

4201 
4203 

29 
30 

4204 

30 

4205 
4206 

30 
30 

4573 


Coal  and  sail : 

Time  for  unlading  extended  to  vessels  laden  with 

Coal  oil — 

Not  to  be  carried  on  steam  passenger  vessels 

How  packed  and  marked  for  shipment 

Penalty  for  shipping,  contrary  to  law 

Coasting  di'slricts,  coast  of  the  United  States  divided  into 

three  great  

Coasting  steam  vessels,  to  carry  what  lights , 

Coasting  trade : 

Enrolled,  &c.,  vessels  engaged  in,   on  northern,  Sec, 

frontiers,  not  liable  to  entry  fees,  &c 

Vessels  qualified  to  carry  on  the,  deemed  vessels  of  the 

United  States 

Vessels,  belonging  to  citizens  engaged  in,  e.vemptfrom 

tonnage  duties 

What  vessels  may  engage  in 

Enrolled  and  licensed  vessels  on  northern,  «&c.,  frontier 
mav  engage  in 


30 


4208 

30 

4209 

31 

4209 

31 

4210 

31 

4211 

31 

4211 

31 

4214 

32 

4216 

32 

381,4382 

59 

5320 

237 

5:m 

238 

5423 

240 

2604 
2006 
4414 

318 

319 
90 

4572 
4.596 
4604 

187 
192 
195 

2798 
2958 
Act  June  19,  '86 
sec.  10. 

343 

374 

64 

2881 

361 

4472 
4475 
4476 

84 
83 
84 

4348 
4^33 

51 
123 

2793 

343 

4131 

5 

4220 
4311 

35 
44 

4318 

45 

440 


INDEX. 


Subject. 


Coasting  trade — Coutiuued. 

Form  of  enrollment  for  vessels  engaged  in 

Licensed  to  engage  in,  Low  obtained 

Bond  for 

Form  of  license 

Enrollment  and  license  of  vessels  for — 

At  Jersey  City 

At  Camden,  N.  J 

At  Wilmington,  N.  C 

At  Chesapeake  City,  Md 

At  ports  authorized  l)y  Secretary  of  the  Treasury 

At  Cold  Spring,  Greenport,  and  Port  JeflFerson 

Foreign  vessels  not  to  engage  in 

British  vessels  may  engage  in,  on  Saint  Lawrence  Elver 

and  Great  Lakes 

Suspension  of  privilege  by  Presiden  t 

Suspension  of,  when  export  duty  levied  ou  timber  cut 

in  Maine  and  Hoated  to  sea  in  New  Brunswick 

Between  neighboring  districts,  manifests  and  permits 

for  ..i 

Penalty  for  departing  without  manifest,  «fcc 

Delivery  of  manifest  before  unlading 

Penalty  for  non-delivery 

Between  remote  districts,  manifests  and  permits  for. .. 

Penalty  for  departing  without  manifest,  &c 

Delivery  of  manifest  before  unlading 

Penalty  for  non-delivery 

Between  Long  Island  and  Ehode  Island,  privileges  of 

vessels  in 

Between  Alaska  and  other  districts,  how  regulated 

Masters  of  certain  vessels  engaged  in,  to  carry  manifests. 

Penalty  for  not  exhibiting,  &.c 

Eegistered  vessels  engaged   in,  subject  to   provisions 

governing  licensed  vessels 

Vessels  in  putting  into  port  other  than  destination,  to 

report,  &c 

Penalty  for  not  reporting,  &c 

Penalty  on  vessel  carrying  on,  not  enrolled  or  licensed. . 

Forfeiture  of,  and  of  merchandise 

Coasters  exempt  from  the  provisions  of  shipping  com- 
missioner's act 

Shipment  of  seamen  in 


Section  E.  S.  or 
act  Congress. 


Coast  of  United  States  divided  into  three  great  districts 

Coast  Survey  : 

Preliminary  surveys,  under  direction  of  Superintendent. 
President  authorized — 
To  cause  survey  of  coasts  of  United  States  to  be  made. 
To  cause  banks  and  shoals  beyond  twenty  leagues, 

«&c.,  to  be  examined 

Appropriations  for,  how  to  bo  expended 

Officers  of  Army  and  Navy  employed  in  ;  departments 

of  work ;  no  extra  pay 

Maps,  books,  apparatus,  &c.,  belonging  to  the  United 

States  ;  employment  of  astronomers,  «S:c 

Use  of  public  vessels  in  actual  service 

Officers  of  Army  and  Navy  to  be  employed  in,  as  far  as  t 

practicable 

■  Allowance  for  subsistence  to  officers  and  men 

Salary  of  superintendent 

Eeport  to  Congress 

Disposal  of  maps  and  charts   

Coastwise  vessels  : 

Provisions  as  to  shipping  articles  not  to  ai)ply  to 

Shipping  articles  for 

Penalty  for  illegally  shipping  seamen 


4319 
4320 
4320 
4321 

4340 
4341 
4342 
4343 
4344 
4345 
4347 

4347 
4347 

4347 


Page. 


4349 
4350 
4351 
4352 
4353 
43.-4 
4355 
4356 

52 
52 
52 
53 
53 
54 
54 
54 

4357 

4358 
4359 
4360 

54 
55 
55 

55 

4361 

55 

4366 
4366 
4371 
4371 

57 
57 

58 

58 

Act  June  9,  '74 
Act  June  19,'86 
sec.  2. 

4348 

200 
205 

51 

4663 

14  G 

4681 

148 

4682 
4683 

148 
148 

4684 

149 

4685 
4686 

149 
149 

4687 
4688 
4689 
4690 
4691 

149 
149 
149 
149 
149 

4513 
4520 
4521 

174 
175 
175 

INDEX. 


441 


Subject. 


Section  R.  S.  or 
act  Congress. 


Coa  ticool-,  consul  at,  salary  of 

Cobija,  consul  at  salary  of 

Cod  fishery  : 

Form  of  license  to  carry  ou 

Agreement  for  shares  with  tis\iernien 

Penalty  for  violation  of 

Recovery  of  shares  of  fish  under 

Vessels  iiable  for  shares,  &c 

Discharge  of  vessel  ou  bond 

Cohasset,  Mass.,  port  of  delivery 

CoM  Spring,  X.  T. : 

Port  of  delivery 

Merchandise  for,  to  be  entered  and  duties  paid  at  New 
York 

Enrollment  and  license  of  vessels  by  surveyor  at 

CoUection  districts  {customs)— 

Of  United  States;  ports  aud  officers 

In  Maine,  where  no  boundaries  are  prescribed 

Vessels  arriving  aud  departing  from  port  before  mak- 
ing report  or  entry j 

On  northern,  Ac,  boundaries,  merchandise,  how  im-  | 
ported  i  uto ' 

Entry  of  merchandise  in,  »fcc 

Collectors  of  customs :  \ 

Where  to  reside I 

Duties  of,   at  certain   ports  respecting  clearances  of  | 
vessels  laden  with  live-oak  timber j 

At  New  York — 

Assistant  collector  at  Jersey  City  to  act  uuder ; 

To  instruct,  ?tc.,  assistant  collector  at  Jersey  City  .. 

At  Richmond,  Va.,  may  clear  vessels  loaded  at  Peters- 
burg in  certain  cases  

For  districts  of  Savannah  and  Brunswick,  Ga.,  may 
graut  permits  to  unload  vessels,  appoint  inspectors, 
«&c..  in  both  those  districts 

At  New  Orleans,  La.,  when  to  appoint  temporary  in- 
spectors ;  number  of,  &c 

May  appoint  head  gangers 

At  Astoria,  Oreg  ,  duties  of,  in  cases  of  vessels  bound 
for  Portland 

In  cases  of  vessels  for  Astoria  and  Portland 

To  administer  oaths  to  special  examiners  of  drugs,  &c. 

Duties  of,  in  districts  where  no  examiners  of  drugs  pro- 
vided   

Term  of  oflQce 

Appraiser  at  New  York  to  transmit  certain  reports  to. . 

Oath  of,  before  whom  taken 

Of  offict-rs  of  customs  taken  before 

Bonds  of 

By  whom  api)roved  and  where  filed 

Duties  of 

Duties  of,  in  ports  where  no  naval  officer,  and  when 
naval  officer  is  disabled 

Where  neither  naval  officer  nor  surveyor 

When  surveyor  may  be  appointed  l)y 

In  case  of  death  ordisability  of,  who  to  perform  duties.. 

Liability  of  estate  of 

To  authorize  fit  persons  to  perform  duties  of  surveyor 
in  case  of  disability  or  death 

To  employ  deputy  collectors  who  may  act.  &c.,  re- 
sponsibility of 

When  to  authorize  officer  or  clerk  to  act  in  his  place 
as  diiA)ursing  agent ;  bond  to  cover 

Number  and  compensation  of  clerks  of 

To  keep  posted  table  of  fees,  &c.,  receipts 


Page. 


1690 
1690 

4321 
4391 
439-2 
4393 
4393 
4394 
2527 

2535 

2540 
4345 

2517-2612 
2519 

2773 

3096 

3097 

2518-2604 

2463-4205 

2.535 
2536 


218 
218 

46 
61 
61 
62 
62 
62 
298 


304 
50 


2554 


2561 


2576 
2577 


2590 
2611 

2(il2 
2613 
2615 
2617 
2617 
2619 
2620 
2621-2625 


296-319 
298 

339 

398 
398 

297-318 

113-30 

302 
303 

308 


309 

313 
313 

316 
316 
319 

319 
319 
320 
320 
320 
320 
321 
321-322 

321 
'322 


2630 

2631  , 
2634 
2635  I 


323 
323 


442 


INDEX. 


Subject. 

Section  E.  S.  or 
act  Congress. 

Page. 

Collectors  of  customs— Contimied. 

To  keep  account  of  fees,  &c.,  and  make  annual  returns 

2639 

2640 

2639-2941,2643, 

2645-2647 

325 

Personal  attention,  tfcc,  of  duties  of,  in  respect  to  ac- 

325 

Accounts  of,  what  to  include  and  how  rendered 

325, 326, 
372 

To  render  list  of  clerks,  their  duties  and  compensation, 
account  of  stationery,  office  rents,  &c 

Of  the  northern,  &c.,Vrontier  districts  to  forward  list 
of  employds,  &c.,and  make  certain  estimates 

Books,  blanks,  &c.,  how  furnished  to 

To  render  quarterly  accounts  of  moneys  collected  for 
fines,  penalties,  forfeitures,  rents,  storage,  &c.,  excess 
of  $2,000  in  certain  cases  to  be  paid  into  Treasury 

2643 

2644 
2646 

2647 
2648 
2654 
2655 
2656 
2658 
2659 
2647-2660-2685 

325 

325 
326 

326 
326 

Fees  of                                                     . ..^ 

327 

327 

Drawback  fees   how  shai'ed  &c     bv            ..       .. . 

328 

Fee.  of,  for  entry  on  northern,  &c.,  frontiers 

328 

328 

Salaries  and  commissions  of 

326-328 
331 

At  Paso  del  Norte  to  pay  into  Treasury  annual  excess 
of  $2,000  

At  certain  other  places 

Division  of  commissions  on  death  or  resignation  of... 

When  entitled  to  pro  rata  compensation  only | 

Limit  to  compensation  of ] 

Compensation  exclusive  of  expenses  of [ 

Limit  to  emoluments  of,  at  certain  ports I 

At  other  ports I 

When  fees,  &c.,  insufficient  for  compensation  of [ 

At  New  York,  responsible  for  assistant,  &c 

To  direct  officers  of  revenue  cutter  service 

May  employ  small  open  boats,  &c 

When  to  put  in  suit  re-expoitation,  &c.,  bonds 

When  to  grant  to  masters  of  vessels  departing  for  other 
districts  copies  of  manifests,  certificates,  &c 

When  to  take  bond  from  agents,  factors,  &c.,  for  ac- 
count of  merchandise  by  owner 

Imperfect  entry  of  merchandise 

To  certify  separate  entry  of  distilled  spirits 

Excess  of  sea-stores 

Examination  of  baggage,  &c 

Delivery  to,  of  baggage  in  transit  for  foreign  eouati'ies, 


&c 


To  administer  oaths 

Goods  intended  for  transportation  in  bond 

To  certify  duplicate  manifests  of 

Not  to  permit  entry  of  merchandise  when  duties  ex- 
ceed bond 

.  To  take  possession  of  merchandise  when  invoices  not 
correct 

When  to  certify  invoices -  -  -  ■ 

When  to  notify  consular  officer  to  transmit  copy  of  in- 
voice   1 

To  administer  oath  to  officers,  &c.,  of  vessels,  in  case 
of  unlading  by  accident,  &c 

To  make  estimate  of  duties,  and  grant  permit  to  land.. 

To  grant  license  to  unload  at  night,  compensation  for 
unlading 

Penalty  for  unlawfully  unlading,  »&c 

To  put  inspectors  on  board  of  vessels  going  from  one 
district  to  another 


2371 
2675 
2686 


2689 
2690 
2691 
2692 
2694 
2760 
2763 
2778 

2780 

2787 
2789 
2794 
2796 
2801 

2803 

2805 
2826 

2827 

2831 

2840 
2852 

2857 

2867 


2871 
2873 


2875 


INDEX. 


443 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


Collectors  of  euDtoms — Continued. 

Iusi)ector,s'  books  to  be  deposited  in  office  of...i 

To  take  possession  of  merchandise  not  repotted  by 
master  of  vessel ;  delivery  by  order  of 

To  extend  time  for  unlading  of  vessels  laden  with  salt 
or  coal - 

To  compare  returns  of  delivery  of  merchandise....  .... 

Vessel  seekiu<;-  port  in  distress;  when  to  appoint  in- 
spector, and  grant  permit  to  unload,  &c 

Storage  of  goods  landed  from  vessels  in  distress  under 

/  direction  "of ;  disposal  of  perishable  cargo 

Vessels  obstructed  by  ice 

Tare  on  imports 

Delivery  of  goods  on  bond  before  appraisal 

Opening  package  without  consent  of;  violating  bond, 
&c - 

Appraisal  of  market  value  of  goods  in  addition  to  en- 
tries   r 

To  designate  number  of  packages  to  be  opened,  &c. ; 
forfeiture ;  remission 

Estimating  value  and  quantity  of  imports 

Appraisal  of  market  value  of  merchandise  at  time  of 
exportation 

Secretary  of  Treasury  to  furiiish  with  standard  of  sugar. 

To  examine,  upon  oath,  owners,  &c.,  as  to  value  of 
merchandise,  and  require  production  of  papers;  evi- 
dence to  be  retained  in  office  of,  &,c 

Bond  to  XHoduce  evidence  of  class  and  value  of  mer- 
chandise   

To  designate  bonded  warehouse  for  merchaudise  of 
which  entry  is  not  complete  . .  i ■ 

When  to  order  reappraisement 

Persons  appointed  by,  to  reappraise  goods ;  disagree- 
ments ;  tinal  decision 

Decisions  of,  as  to  rate  of  duties,  fees,  charges,  &c., 
final,  unless  protest  and  appeal  are  made 

Re-examination  of  drugs,  medicines,  &c  

"When  analysis  of  imported  drugs,  medicines,  «S:c.,  sus- 
tains examiner's  report 

At  New  York,  how  to  direct  appraisements 

Powers  of,  to  lease  or  hire  stores  at,  certain  ports 

When  to  lease  stores  in  certain  ports 

Use  of  warehouse  hired  by 

Not  to  enter  into  contract  for  use  of  warehouse  before 
completion | 

Deposit  of  imported  merchandise  in  public  stores,  and  j 
bond  for  duties | 

Charges  and  duties  on  unclaimed  merchandise  sold j 

Deposit  in  bonded  warehouseof  importations  in  steamers 

To  sell  merchandise  remaining  in  public  store  beyond 
one  year,  proceedings - ■ 

To  pay  into  Treasury  overplus  of  sales  of  unclaimed 
merchandise  ;  papers  transmitted  by,  to  exonerate 
master  of  vessel,  &c 

To  sell  unclaimed  perishable  merchandise  in  public 
warehouse 

Permit  for  exportation,  without  payment  of  duties 

Lien  for  freight  on  merchandise  in  warehouse 

Quarterly  reports  of  warehoused  merchandise,  by 

Money  paid  under  protest,  &c.,  for  duties,  to  be  de- 
posited   , 

To  retain  one  per  centum  on  amount  of  drawbacks 

Ten  per  centum  on  amount  of  certain  drawbacks 

Fees  on  gaugable  merchandise  

On  weighable  articles 


2876  1 

359 

2880  1 

361 

2881 
2889  ! 

361 
363 

2891 

363 

2892  i 
2896  1 
2898  1 
2899 

364 
364 
365 
365 

2899 

365 

2900 

365 

2901 
2902 

365 
366 

2906 
2914 

366 

368 

2922 

368 

2925 

369 

2926 
2929 

369 
370 

2930 

370 

2331,2932  I  370-371 


2930 


371 


2937 

372 

2939 

372 

2953 

374 

295.^ 

374 

2956 

374 

2957 

374 

2964 

375 

29H5 

376 

2966 

376 

2973 


2974 


377 


377 


297() 

378 

2979 

378 

2981 

378 

2988 

379 

3010 

382 

3017 

384 

3019 

384 

3023 

385 

3024 

385 

444 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


Collectors  of  cxs/oms— Continued. 

To  appoint  officer  to  inspect. change  from  casks,  «&;c., 
of  distilled  spirits  and  sugars 

When  to  permit  merchandise  entitled  to  debenture,  to 
be  changed  into  other  packages 

When  to  appoint  inspector  to  superintend  transfer,  &c. 

Invoice  of  mei'chaudise  for  drawback  to  be  deposited 
with,  and  preserved  by,  »&c 

Inspection  of  merchandise  entitled  to  drawback,  and 
comparison  of  invoices,  «Ssc 

To  certify  copy  of  cost  of  merchandise  for  drawback 
from  invoice,  Sec 

Inspection  of  merchandise  notitied  for  exportation,  p^-- 
mit  for  landing 

Eefusal  of,  to  pay  debenture,  suit,  how  brought 

Certificate  of  exportation  from  port  other  than  of  im- 
portation, and  debenture  

In  case  of  error  or  fraud  to  refuse  debenture  and  rep- 
resent case  to  Secretary  of  Treasury 

Proofs  of  landing  abroad  other  than  exportation  cer- 
tificates   

To  pay  debentures,  drawbacks,  &c 

Penalty  for  fraud  or  error  in  relation  to  drawback 

Not  incurred  if  error  is  accidental 

Duplicate  list  and  appraisement  of  property  seized 

To  publish  notice  of  seizure 

Bond  of  claimant  in  seizure  cases 

Sale  of  seized  property,  deposit  of  proceeds,  adjourn- 
ments of  sale 

Advertisement  and  sale  of  perishable  articles  seized,  &c . 

Release  of  seized  merchandise  on  payment  of,  appraised 
value 

Report  of  seizures  to  Solicitor  of  Treasury 

Report  of  tines,  t&c,  to  district  attorney,  penalty  for 
failure,  «&c 

To  have  custody  of  goods  seized,  &c 

When  to  cause  commencement  of  suits ;  receipt  and 
distribution  of  amount  recovered 

May  examine  papers,  &c.,  seized  J)y  warrant  of  district 
judge 

In  northern,  &.c.,  frontier  districts,  manifests  to  be  de- 
livered to 

When  to  search  certain  stores,  warehouses,  &c 

Excess  of  sea-stores  of  vessels  on  northern,  «&c.,  fron- 
tiers  

License,  «fec.,  to  vessels  in  foreign  and  coasting  trade  . 

Clearances  to  be  indorsed  on  manifests  of  vessels  on 
northern,  &c. ,  frontiers 

1*0  furnish  registered  vessels  with  certitied  manifests  .. 

Shall  require  oath  as  to  letters  before  clearing  vessels 
leaving  United  States 

Shall  search  vessels  for  letters  illegally  conveyed 

May  seize  such  letters ". 

Disposal  of  letters  seized 

To  appoint  persons  to  measure  vessels  for  register  ton- 
nage, when 

For  other  tonnage,  when    

To  make  and  keep  in  books  registry  of  vessels 

To  grant  certificates  of  registry  

To  till  up,  sign,  and  seal  certificates  of  registry 

To  administer  oath  to  owner 

To  issue  new  certificates  of  registry,  when 

To  issue  new  certificate  of  registry  to  agent  or  attorney 
of  owner,  when 

To  transmit  old  certificate  to  collector  who  granted  it  . 


3029 

385 

3030 
3031 

386 
386 

3032 

386 

3033 

386 

3034 

386 

3035 
3039 

386 

387 

3041 
3042  I 


3047 

389 

3048 

389 

3049, 3050 

389-390 

3051 

390 

3074 

393 

3075 

394 

3076 

394 

3077 

394 

3080 

395 

3081 

395 

3083 

395 

3084 

395 

3086 

.396 

3087 

396 

3093 

397 

8098 

398 

3107 

400 

3112 

401 

3115 

402 

3116 

402 

3126 

404 

3987 

117 

3989 

117 

3990 

117 

3991 

117 

4148 

9 

4154 

12 

4155 

13 

4155 

13 

4158 

14 

4159 

14 

4160 

14 

4161 

14 

4162 

15 

INDEX. 


445 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


Collectors  of  customs— Contmned. 

To  issue  ceititicate  of  register  to  vessel  sold  under  legal 
process,  when 

To  issue  new  certificate  in  place  of  one  lost  or  de- 
stroyed, when -  -  - 

To  issue  uew  register  where  vessel  sold  or  changed  in 
form  or  burden 

To  transiuit  old  certificate  to  Register  of  Treasury  for 
cancelhvtiou - 

To  indorse  changes  of  masters  of  vessels  on  certificates 
of  registry 

To  transmit  certificates  of  registry  delivered  on  loss, 
&c.,  of  vessel  to  Register  of  Treasury 

To  cancel  bond  for  registry  on  delivery  of  certificates, 


To  number  certificates  of  registry,  how 

Recording  of  vessels  in  office  of 

Oath  of  builder  of  vessel  to  obtain  record 

To  be  recorded  in  books 

To  cause  survey  or  measurement  of  vessels  for  record.: 

To  grant  certificates  of  record 

To  record  such  certificates 

To  transmit  copy  to  Register  of  Treasury 

To  indorse  on  certificate  of  record   change  of  master 
or  name  of  vessel 

To  record  such  change  in  record  book 

To  transmit  transcript  to  collector  granting  certificate. 

To  transmit  duplicate  to  Register  of  Treasury 

Fees  of,  for  granting  certificate  of  registry 

For  indorsements  on  certificates 

For  taking  any  bond 

For  granting  certificate  of  record 

For  indorsements  on  certificate 

For  taking  any  bond 

Penalty  for  making,  &c.,  false  register  or  record,  &c.. 
For  receiving  reward,  &c.,for  registering  or  recording. 

Bills  of  sale,  hypothecations,  mortgages,  and  convey- 
ances of  vessels  to  be  recorded 

Record  of  discharges  of,  to  be  kept    

To  keep  what  items  concerniuo;,  in  books 

To  certify  what  items  concerning,  on  bills,  &c 

To  keep  an  index  of  such  records 

Index  and  records  open  to  inspection 

To  furnish  certificates  reJating  to 

Fee  of,  for  furnishing  certificates 

For  furnishing  certified  copy  of  record 

Manifests  of  vessels  foreign  bound  to  be  delivered  to, 
by  master 

Clearance  of,  to  be  granted  by,  when 

Form  of  manifest  to  be  delivered  to 

Manifest  to  be  delivered  to,  by  owners,  shippers,  &c., 
of  cargo  

Oath  before,  concerning - 

To  observe  State  inspection  laws  in  granting  clear- 
ances      

Duties  of,  in  Florida,  Alabama,  Mississippi,  and  Loui- 
siana in  clearing  vessels  laden  with  live  oak 

Not  to  grant  clearances  until  fees  paid 

To  annex  table  of  consular  fees  to  clearances  of  regis- 
tered vessels 

To  grant  clearance  to  vessels  going  from  Lake  Cham- 
plain  to  Province  of  Quebec,  how 

To  transmit  to  Secretary  of  Treasury  copies   of  re- 
ceipts by  consular  officers  for  fees  paid  abroad 

Statement  of  all  certified  invoices,  &c 


4164 
4167 
4170 
4170 
4171 
4174 


4175 

18 

4176 

18 

4180 

19 

41H0 

19 

4180 

19 

4181 

19 

4182 

19 

4182 

19 

4182 

19 

4183 

20 

4183 

20 

4183 

20 

4183 

20 

4184 

20 

4184 

20 

4184 

20 

4185 

20 

4185 

20 

4185 

20 

4187 

21 

4187 

21 

4193 

22 

4193 

22 

4193 

22 

4193 

22 

4194 

22 

4194 

22 

4194 

22 

4194 

22 

4195 

23 

4197 

28 

4197 

28 

4199 

29 

4200 

29 

4202 

30 

2463,4205 
4206 

113-30 
30 

4207 

30 

4208 

30 

4213 
4213 

31 
31 

446 


INDEX. 


Subject. 

Section  R.  S.  or 
act  Congress. 

Page. 

Collectors  of  c«8fom.s— Continued. 

What  stateuieut  to  specify              .... 

4213 

4233 

4264 
4264 

4267 
4272 
4272 

4306 

4308 
4320 
4322 
4322 
4323 

4323 
4326 
4326 

4328 
4333 

4337 
4338 

4342 

4349 

4351 
4353 
43.55 
4355 

4362 
4362 
4363 
4373 
4373 
4379 
4383 
4503 

4539 
4565 
4566 
4573 

4574 

4575 
4576 

4585 
4587 

4588 
4590 

31 

To  re(iuire  sail  vessels  to  be  furuislied  with  proper  sig- 
nal lights 

To   direct  inspection  and  report  passenger  vessels  ar- 
riving from  abroad 

Effect  of  report  as  evidence  when  approved  by 

To  make  quarterly  return  to  Secretary  of  State  of  lists 

123 

68 
68 

69 

To  examine  emigrant  vessels  on  arrival 

70 
70 

To  furnish   passports  to  vessels  of  United  States  de- 
parting forforeiti^n  ports                         ..             ..    

43 

To  furnish  unregistered  vessels,  &c.,  letter  with  pass- 

43 

To  issue  license  for  coasting  trade  or  tishery   

45 

46 

May  reo'ister  enrolled  and  licensed  vessels 

46 

Exchange  when  made  in  another  district      .   .. 

46 

To   transmit   surrendered   enrollments,    licenses,  and 
registers  to  Refister  of  Treasury 

46 

To  grant  new  license  in  place  of  one  lost  or  destroyed.. 

47 
47 

To  issue  or  renew  enrollment  or  license  of  vessel  from 
another  district  ..       .           . . . . 

47 

48 

To  grant  registers  to  enrolled  or  licensed  vessels  going 
abroad  .. ......  . . ...... . 

49 

49 

At  Wilmington,  N.  C,  may  register,  enroll,  and  license 

49 

To  certify  manifests  of  vessels  trading  between  neigh- 
boring districts                              . ... 

52 

Permit  for  unlading   of  vessel  from  neighboring  dis- 
trict   

52 

To  certify  manifest  and  permit  vessels  to  proceed 

Permit  for  unlading  of  vessel  from  remote  district 

To  certify  manifest  and  permit  vessel  to  proceed 

Of  Philadelphia  may  grant  permits  for  land  transpor- 

53 
54 
54 

56 

56 

Of  Maryland  or  Virginia                     ..    .   . 

26 

Penalty  for  iliegally  enrolling  or  licensing  vessels 

For  receivin''"  reward  or  o'ratuity  for,  &c 

58 
58 

Advertisement  of  seizure  of  vessel           . ... 

59 

61 

When  to  act  as  shipplno"  commissioners      ..   ... 

171 

Shall  not  grant  clearance  to  vessels  not  having  ship- 
ping, commissioners'  certificate  as  to  effects,  &c.,  of 
deceased  seamen            ..       .             . 

178 

When,  shall  inspect  provisions,  &c.,  on  vessels 

W^hen  complaint  of  crew  reported  to  be  false,  penalty. 

185 
185 

187 

Shall   examine   and    certify  crew-list,   shall  preserve 
copv    &c                                                                                  

187 

Shallreport  to  Secretary  of  Treasury  violations  of  pro- 
visions resiiectino'  crew-lists   &c 

187 

Duty  of,  as  to  crew-lists  of  arriving  vessels 

Shall  collect  hospital  tax 

188 
190 

Shall  not  grant  enrollment  until  hospital-tax  is  paid  .. 
Shall  keep  register  of,  and  give  citizenship  certificates 

190 
191 

Shall  inform  masters  of  vessels  of  the  provisions  of  law 
relating  to  certificates  of  citizenship  aud  impress- 
ments  

191 

INDEX. 


447 


Subject. 


Section  K.  S.  or 
act  Congress. 


CoUectors  of  cuxtoms — Continued. 

Shall  send  list   of  certiticates  of  citizenship,  &c.,   to 

Secretary  of  State ...;... 

Assignment  to,  of  superintendence  of  light-houses,  bea- 
cons, light-ships,  buoys,  &c.,  compensation 

Discharge  of  vessels  in  quarantine ' 

To  designate  ^^•arehouse  for  storage  of  cargo i 

Joint  custody  of  goods,  &c | 

To  grant  permits  for  receiving  merchandise  in  such  | 

cases  

To  deposit  moneys  collected  for  marine-hospital  fund.. 

Monthly  returns  of  such  collections 

Not  to  clear  foreign  vessel  until  hospital  dues  paid 

Detention  of  vessel  built  for  warlike  purposes,  «&c 

In  insurrectionary  district,  removal  of  custom-house  .. 
May  require  bond  before  clearing  vessels,  that  cargo, 

&c.,  shall  not  be  used  in  aiding  insurrection 

CoUmon  regulations 

Commenial  agents.     (See  Consuls-general,  Consuls,  Commer- 
cial agents,  and  Consular  Officers.) 
Commercial  intercourse : 

When  to  cease  between  States  in  insurrection,  &c.,  for- 
feitures   

In  parts  of  State  not  declared  to  be  in  insurrection 

Provisions  relating  to  suspension  of,  in  cases  of  insur- 
rection   

Licenses  and  permits  by  President,  with  part  of  State 

in  insurrection -  - 

Commerce  with  contiguous  countries,  provisions  relating  to  ... 

Comm issioner  of  Xarigation 

Common  carrier: 

Vehicles  of,n()t  forfeited  in  certain  cases  under  customs 

laws 

Non-liability  for  gold,  bullion,  jewelry,  &c.,  on  steam- 
ers   

For  loss  by  tire  on  steamers 

Limit  on  liability  for  merchandise  lost  on  steamers 

Transfer  of  interest  to  trustees  for  benefit  of  shippers.. 
After  such  transfer  proceedings  against  owner  to  cease. 

Charterer  of  vessel  deemed  owner .: 

Remedies  against  masters,  owners,  &c.,  for  embezzle- 
ment, negligence,  fraud,  &,c.,  reserved 

Provisions  of  Title  XLVIII  not  applicable  to  canal- 
boats,  «&c.,  or  vessels  in  river  or  inland  navigation  .. 

Company  incorporated  owning  vessels 

Condemnation: 

Condemned  vessels,  extra  wages  not  required  for  sea- 
men discharged  from 

Connecticut: 

Collection  districts,  ports  of  entry,  and  delivery  in 

Otiicers  in 

Consignee: 

For  production  of  invoice 

Deemed  to  be  owner 

Consignees  of  vessels: 

Penalty  on,  of  vessels  carrying  away  live-oak  or  red 

cedar  timber  from  lands  reserved  by  United  States. .. 

To  cause  to  be  indorsed  on  certificate  of  record  change 

of  name  or  master  of  vessel - 

To  furnish  collectors  copy  of  receipts  for  fees  paid  to 

consuls '. 

When  may  perform  duties  of  shipping  commissioner... 
Consular  agents.     (See  Consuls-general,  Consuls,  4'c.) 


4591 


Page. 


5301 
5302 


5303 


5304 

3095-3129 

Act  July  5,  '84 


192 


4672 

147 

4793 

1.57 

4793 

157 

4795 

157 

4795 

157 

4803 

166 

4803 

166 

4805 

166 

5290 

230 

5315 

236 

5321 

238 

Mar.  3,  '85 

126 

233 
234 


234 

397-404 
39 


392 


4281 

71 

4282 

80 

4283 

80 

4285 

81 

4285 

81 

4286 

81 

4287 

81 

4289 

81-82 

4137 

7 

4583 


2533 
2534 


2848 
3058 


2462 
4183 


4213 
4504 


190 


301 
302 


354 
391 


113 


31 
172 


448 


INDEX. 


Subject. 


Consuls-general,  consuls : 

Consular  officers  and  corariiercial  agents,  jurisdiction  of 
district  courts  in  suits  against  enforcement  of  awards 
title  includes  what 

General  provision  respecting 

Application  of  provisions  of  Title  XVIII  to 

Appointment,  salaries,  and  location  of 

Consuls-general  may  be  appointed  instead  of  consuls, 
and  cpnsuls  instead  of  commercial  agents,  and  vice 
versa  

Not  to  hold  two  consulates 

Interpreters  to— 

In  China,  salaries,  &.c.,  of 

At  Bangkok,  salary,  &c.,  of 

At  Trinidad  de  Cuba  may  be  discontinued  and  ap- 
pointed at  Cienfuegos 

Consuls-general,  consuls,    consular    officers,   and  commercial 
agents  : 

Territory  of  consulate  to  be  deffned,  appointment  of 
vice  consuls,  deputies,  salaries  of 

Allowances  to  vice-consulates,  &c 

Bonds  of 

Certain,  not  to  transact  business,  &c 

Where  salary  exceeds  $1,000  not  to  transact  business; 
prohibition  may  be  extended  to  any  consul, »&.c 

Penalty  for  illegally  transacting  business;  recovery... 

Compensation  where  fees  exceed  |3,000 

Compensation  of  deputies,  vice-consuls,  &c 

Consular  clerks,  appointment,  &c.,  of 

Examination  and  removal  of  . . . ; 

Expenses  of  office  rent 

May  receive  protests  or  declarations;  copies  of,  to  be 
evidence 

Record  of  seamen,  vessels,  &c 

Estates  of  deceased  Americans 

Shall  publish,  &c.,  notice  of  deaths 

Shall  procure  and  transmit  commercial  information  . .. 

Shall  furnish  Treasury  Department  with  prices  current. 

Shall  not  certify  invoices  unless,  &c. 

Fee  for  certifying  invoices;   penalty  for  eicessive  fees 

Not  to  grant  certificate  for  goods  from  countries  ad 
jacent  to  United  States  when  they  have  passed  a 

consulate  after  purchase 

•  Shall  be  paid  legal  fees;  liability  of  masters,  &c.,  for; 
papers  may  be  retained  until  paid 

Shall  not  receive  fees,  &c.,  from  extra  Avages,  &c.,  of 
seamen 

Fees  from  vessel  making  regular  trips 

For  certifying  invoices  in  British  North  American  prov- 
inces   

In  Canada  not  to  collect  tonnage  fees 

Penalty  for  exacting  excessive  fees  ;  recovery 

Penalty  for  failure  to  collect  fees ;  remission 

Shall  make  returns  of  fees 

Shall  give  receipt  for  fees 

Shall  number  and  record  receipts 

Transcript  of  fee-book,  with  accounts  of 

Not  mentioned  in  Schedules  B  and  C  shall  account  for 
fees 

Shall  have  fees  for  compensation 

Shall  keep  fee-list  conspicuously  posted  to  consulate  .. 

Not  mentioned  in  Schedules  B  and  C,  limit  of  fees  to  .. 

Fees  in  excess  of  $1,000  a  year 

Penalty  for  embezzlement  by 

For  neglect  of  dutj' 


Section  E.  S.  or 
act  Congress. 


1674-4130 
1689-1739 

16H9 
1690 


1690 
1691 


1692 
1693 


1694 


1695 

1696 

1697, 1698 

169V) 

1700 
1701 
1702 
1703 
1704 
1705 
1706 

1707 
1708 
1709 
17H' 
1712 
1713 
1715 
1716 


1718 

1719 
1720 

1721 
1722,  4222 
1723 
1724 
1725 
1726 
i;27 
17:^8 

1729 
1730 
1731 
17.i2 
17.43 
1731 
1735 


INDEX. 


449 


Subject. 


-Coutiuued. 


Consuls-general,  ifc 

To  seaineu 

Performance  of  diplomatic  functions 

Pay  when  performing 

Salaries  of,  term  for  which  payable 

"When  absent  from  post,  &c 

Compensation   of,  to  be  in  full  payment  for  services, 
&c --• 

No  compensation  to  certain  consuls  general  if  not  citi- 
zens   

President  may  regulate  fees  and  salaries 

Tariff  of  fees  to  be  reported  to  Congress 

Fees  to  be  collected  in  United  States  coin  or  its  value 
in  exchange 

To  be  accounted  for 

Stationery,  &c.,  to  be  furnished  to.. 

Dying  abroad,  allowance  to  widow  of,  &c 

President  may  make  regulations,  &c.,  governing 

In  China.  Japan,  &c.,  to  give  certificates  of  voluntary 
emigration 

What  to  state  in  certificate - 

'io  be  personally  satisfied  by  evidence  before  giving  . .. 

Certificate  on  declaration  of  American  artist  abroad... 

Oaths  to  invoices 

Authentications  by  foreign 

Fees  for  verification  of  invoices 

Invoices,  when  to  be  produced  to 

Declaration  of  persons  producing  and  duty  of 

Invoices  of  merchandise  from  countries  adjacent   to 
United  States 

When   to   transmit   to   collector  of  customs  certified 
copy  of  invoice 

When  not  to  grant  certificates  to  invoices  in  customs 
cases  

To  exact  proof  of  invoice 

To  report  fraudulent  verification  of  invoice 

Certificate  of  landing  of  goods  abroad,  oath  of  master. 

Fees  for  administering  oath  and  granting  such  certifi- 
cates ;  forfeiture  for  excessive  fees 

May  require  nuiils  to  be  carried  in  vessels  bound  for 
tiie  United  States - ;--• 

May  i)ay  postage  on  letters  held  in  foreign  countries  — 

Registry  of  vessels  owned  by 

When  n'lerchant  seamen  shall  be  engaged  in  presence 
of,  &c 

Penalty  for  illegally  engagiug  merchant  seameu  where 
there  are • 

Table  of  fees  to  be  attached  to  clearances  of  registered 
vessels 

Copy  of  receipts  given  for  fees  to  be  furnished  col- 
lector on  entry 

Duties  of,  in  protecting  vessels  stranded   on  foreign 

shores  

Restriction  of  authority  when  master,  owner,  or  con- 
signee present    

To  return  papers  to  vessels  on  production  of  clearance. 

Seamen  to  be  engaged  in  presence  of 

Duty  of,  respecting  effects,  &c.,  of  deceased  seamen. . 
Seamen's  wages  paid  by  direction  of,  to  be  in  gold... 

Shall  cause  survey  of  ves.sels  on  proper  complaint 

Approved  by,  of  report  of  survey 

May  discharge  crew  with  extra  wages 

Shall  certify  charges  for  survey,  &c 

Inspection  of  provisions,  &c.,  on  merchant  vessels... 
Complaint  found  to  be  false;  penalty 

H.  Mis.  391 29 


Section  R.  S.  or 
act  Congress. 


Page. 


225 
225 
225 
225 
226 

226 

226 
226 
226 

226 
226 
227 
227 
227 

103 
103 
103 
283 

[i,  2845  353,  354 
2844  353 
2851     354 

2854  3.55 

2855  355 


1736 
1738 
1739 
1740 
1742 

1743 

1744 
1745 
1745 

1746 
1747 
1748 
1749 
1752 

2162 
2162 
2162 
2503 


2856 

2857 

2861 
2862 
2863 
3045 

3046 


355 

356 

356 
356 
357 

388 

389 


3976 

116 

4014 

119 

4133,4134 

6 

4517 

175 

4518 

175 

4207 

30 

4213 

31 

4238 

132 

4238 

132 

4309 

43 

4517 

175 

4539, 4541 

178, 179 

4548 

181 

4559 

184 

4.">(iO 

184 

4.561 

184 

4562 

185 

4565 

185 

4566 

185 

450 


INDEX. 


Subject. 


Consuhgeneral,  ^c. — Continued. 

May  demand  crew-list  and  shipping  articles 

Discharge  of  seamen  by,  not  to  forfeit  bond  of  master. 

Destitute  seamen,   to' provide   for  return  to  United 
States  of 

May  require  masters  t  o  carry 

At  ports  where  there  is  no  consular  officer 

May  discharge  seamen  and  require  extra  wages 

Penalty  for  neglect  to  require  such  wages  

Extra  Avages  on  sale  of  vessel 

When,  may  remit 

How  to  dispose  of 

Shall  collect  hospital  tax  on  vessels  sold . . 

Keclamation  of  deserters  ;  discharge  of  deserters  with 
extra  wages 

Consular  regulations  the  President  may  make  shall  be 

obeyed 

Consular  ierrUori/  may  be  defined,  consular  agencies,  &c.. . 

Consulate  goodshaving  passed  in  adjacent  countries,  after 

purchase  for  shipment,  not  to  be  certified  by  consular 

otfices 

Coniraciors  for  carrying  mail  to  foreign   conutries  may  be 

fined,  &c 

Contracts— 

For  carrying  mail,  advertising  for  bids  for 

With  railways 

With  steamboats,  &-c 

Shall  be  awarded  to  the  lowest  bidder,  except 

Failure  to  enter  into,  proceedings  on 

Certified  check  as  guarantee  of  proposal 

Limit  term  of  omission  of  route  from 

Advertisement  for 

Change  of,  proceedings  on  

Payment  ou 

Additional  services  under  allowance  for  increased  .. .. 

Expedition  under 

Deductions  from  pay  under 

Assignments  of.  void 

Through  foreign   countries  may  be  made,  revocation, 
indemnity 

To  foreign  countries  maj*be  made 

Special  stipulations  in 

Coolie  trade : 

Building  or  equipping  vessels  for,  prohibited 

Forfeiture  of  vessel,  &c.,  employed  in 

Penalty  for  building  or  fitting  out,  «&c 

Penal ty  for  receiving  or  transporting  coolies 

Voluntary  emigration  from  oriental  countries  not  af- 
fected  • 

Certificate  of,  to  be  given  bj-  consular  officer 

Examination  of  vessel  suspected 

Disposal  of  vessel  found  engaged  in 

Coos  Ihui,  Oreg.,  port  of  entry 

Copann,  Tex.: 

Port  of  delivery 

Surveyor  to  reside  at 

Corpus  Christi,  Tex.  : 

Collection  district  and  port  of  entry 

Collector  in,  to  reside  at  

Cotton  : 

Loose,  not  to  be  carried  on  steam  passenger- vessels  . . 

Baled,  how  to  be  secured  in,  when  so  carried 

Penalty  for  carrying,  contrary  to  law. 

Crew,  maltreating  of^  on  American  vessel 


.  Section  R.S.  or 
act  Congress. 

Page. 

4575 

187 

4576 

188 

4577 

189 

4578 

189 

4579 

189 

4580 

189 

4581 

189 

4582 

189 

4583 

190 

4584 

190 

4586 

190 

4600 

194 

1752 

227 

1695 

219 

1717,2861      222-356 
4010  119 


3941 

113 

3942 

114 

3943 

114 

3949 

114 

3951 

114 

3953 

114 

395(5 

115 

3957 

115 

3958 

115 

3959 

115 

3960 

115 

3961 

115 

3962 

115 

3963 

115 

4006 

118 

4007 

118 

4011 

119 

2158 

103 

2159 

103 

2160 

103 

2161 

103 

2162 

103 

2162 

103 

2163 

103 

2163 

103 

2586 

315 

2578 

313 

2579 

314 

2578 

313 

2579 

314 

4472 

83 

4472 

83 

4473 

84 

5347 

239 

INDEX. 


451 


Subject. 


Creic-Usts — 

To  be  furnished  by  master  before  clearance 

To  be  exaniiued  and  certified  by  collector  of  customs.. 

Rules  respecting  duplicate 

Discbarge  of  seamen  deserters  by  consul,  &c.,  to  be 

entered  on 

Crimes  and  offinnex: 

Defrauding  captor  orclaimantof  prize,  or  United  States 

relative  to  such  property,  or  to  documents 

Consul,  &c.,  falsely  certifying  invoice 

Concealing  or  destroying  invoice,   &c.,  of  goods  im- 
ported, &c 

Officer  admitting  goods  on  payment  of  less  than  law- 
ful duty 

Effecting  entry  of  goods  at  less  than  true  weight,  on 
false  classification  or  on  payment  of  less  than  lawful 

duties ^ 

Rescuing  property  detained  by  revenue  officer 

Resisting,  &c.,  officer  of  customs  in  making  seizures  or 

searches 

Staving,  throwing  overboard,  &c.,  property,  &c.,  to 

prevent  seizure,  &c -  — 

Falsely -assuming  to  be  revenue  officer  and  demanding 

or  receiving  money,  &c.,  as  such 

Bribing  officer  of  United  States,  &c.,  giving  or  offer- 
ing presents  to  revenue  officer  by  importer — 

Secreting,  embezzling,  carrying  away  implement  for 

printing    

Inspector  of  steamboats  receiving  illegal  fees 

Committed  on  guano  islands,  how  cognizable  and  pun- 
ished   

CrisfieJd,  Md. : 

Port  of  entry 

Collector  to' reside  at -- 

Cunibn'laiid,  Va. ,  port  of  delivery 

Gushing,  Me.,  port  of  delivery  

Custom-house  dues : 

Brazilian  mail  steamships  exempt  from 

Duration  of  such  exemption 

Custom-houses : 

Samjiles  of  wool  and  hair  to  be  deposited  in 

\Vhen  to  be  shipping-offices 

Removal — 
By  Secretary  of  Treasury  or  First  Comptroller  during 

epidemics 

By  President 

By  President,  in  insurrectionary  district,  residence  of 

collector,  &c 

Customs  duties.     (See  Duties  on  imports.) 
Customs  fees.     (See  Fees.) 
Customs  lau's.     (See  lieveuue  laus.) 

Customs  laws  amended \ 


Section  K.  S.  or 
act  Congress. 


4573 
4574 
4575 


Page. 


187 
187 

187 


4G00  I  201-194 


5441 
5442 


5443 
5444 


5445 
5446 


Customs  districts : 

Aioostodk  and  Bangor.. 

California 

New  Orlt-ans 

Customn  offictrs — 

In  Alabama 

In  Ala.ska 

In  California 

In  Cnnnecticut 

In  Delaware 

In  District  of  Columbia 

In  Florida 


240 
241 


241 
241 


241 
241 


5447 

•J41 

5447 

241 

5448 

241 

iAbl 

242 

5452 
.5481,  548:^ 

242 
242 

5576 

112 

2.=.48 
2549 
2552 
2517 

306 
306 
307 
296 

4232 
4232 

38 
38 

2916 
45U3 

368 
171 

4797 
4798 

158 
158 

236 


Act  J  uue  22,  '74 

405 

Act  June  10, 'HO 

413 

Act  Feb.  17, '81 

417 

Act  June  16, '62 

419 

Act  Aug.  7, '82 

421 

25tir. 

311 

259:> 

316 

2r>'*-3 

315 

2534 

302 

2547 

30G 

2550 

307 

2563 

310 

452 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Cougress. 


Customs  officers — Contiuued. 

lu  Georgia 

For  ludiaua  and  Illinois 

In  Louisiana 

In  Maine 

In  Maryland 

In  Massachusetts 

In  Michigan 

In  Minnesota 

In  Mississippi 

In  New  Hampshire 

In  New  Jersey 

In  New  York 

In  North  Carolina 

In  Ohio 

In  Oregon  and  Washington  Territory 

In  Pennsylvania 

In  Rhode  Island 

For  San  Diego.  Qal 

In, South  Carolina 

In  Texas 

In  Vermont 

In  Virginia : 

In  Wisconsin 

Term  of  office  of 

Additional  oath  of 

Bonds  of 

By  whom  approved  and  where  filed 

Qualifications,  pay,  and  duties  of 

Penalty  for  demanding  or  receiving  excessive  fees 

For  certifying  shipment  of  goods  for  drawback,  &c., 

without  inspection 

Not  to  own  vessels,  &c.,  nor  engage  in  importation 

Books,  blanks,  &c.,  how  furnished  to 

To  follow  instructions  and  decisions  of  Secretary  of 

Treasury 

Subordinate  offices  of,  may  be  abolished 

Pro  rata  pay  for  part  of  year's  service 

To  administer  oaths 

Demand  by,  of  manifests  of  vessels .*. . 

Of  vessels  arriving  in  port  of  discharge 

Neglecting  to  certify  production  of  manifests,  penalty. 

Report  by,  for  failure  to  produce  manifests 

To  board  vessels  at  New  Orleans  for  Natchez  or  Vicks 

burg,  powers  and  duties  of 

Expenses  of,  to  be  paid  by  such  vessels 

In  appraisal  department  of  New  York  not  to  engage  in 

mercantile  business 

Not  to  contract  for  use  of  warehouse  before  completion. 
To  have  charge  and  supervision  of  private  warehouse.. 
Powers  of,  for  discovery  of  frauds  and  seizure  of  mer- 
chandise relanded  contrary  to  law 

When  to  board  vessels  and  make  searches  and  arrests  . 
How  to  obtain  warrant  to  search  dwelling-house,  &.c.. 
When  to  board  vessel,  demand  manifest,  make  searches, 

&c.,  powers  of 

Master  of  vessel  obstructing,  penalty,  &c 

What  to  do,  where  articles  found  separate  from  cargo. 
When  to  make  known  character,  power  of,  to  demand 

assistance,  &c.,  refusal  to  assist,  penalty 

When  and  where  to  make  seizures  of  vessels,  «fec 

When  sued,  &c.,  may  give  special  matter  in  evidence 

nuder  the  general  issue 

What  proportion  of  fines,  penalties,  and  forfeitures  to 

be  distributed  to 


2.560 
2602 
2569 
2518 
2549 
2529 
2600 
2596 
2567 
2523 
2542 
2536 
2556 
2604 
2587 
2544 
2532 
2607 
2558 
2579 
2.526- 
2553 
2598 
2613 
2616 
2619 
2620 
2613-2746 
2636 


2638 
2646 


2652 
2653 
2687 
2805 
2811 
2812 
2814 
2815 

2832 
2833 

2941 
2957 
2960 

3049 
3059 
3066 

3067 
3068 


3071 
3072 


3073 
3090 


309 
318 
312 
297 
306 
300 
318 
317 
311 
298 
305 
303 
308 
318 
316 
305 
301 
319 
309 
314 
298 
307 
317 
319 
320 
.320 
321 
319-336 
324 

324 
324 
326 

327 
327 
331 
345 
346 
346 
346 
347 

349 
350 

372 
374 
375 


391 
392 

392 
392 
392 

393 
393 

393 

396 


INDEX. 


453 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


Customs  officers — Coiitiuued. 

Powers  aud  dutiesof,  in  northern, »fec.,  frontierdistricts. 

When  to  retain  baggage,  &c.,  from  contiguous  foreign 
countries,  aud  examine  ;  forfeiture 

When  to  seal  vessels  and  cars  to  avoid  inspection  at  first 
port  of  arrival 

Shall  require  oath  as  to  letters  before  granting  clear- 
ances  

Shall  search  for  letters  illegally  conveyed 

May  seize,  &c.,  such  letters 

Disposal  of  letters,  &c. ,  seized  by 

Shall  aid  in  collection  of  postage,  «fcc.,  on  letters,  &c., 
carried  in  foreign  vessels 

To  observe  State  inspection  lavFS  in  clearing  vessels. .. 

To  pay  fees  of  marshals  aud  witnesses  in  investigations 
by  steamboat  inspectors 

To  "enforce   provisions  of  Title  Regulation  of  Steam 
Vessels 

Penalty  for  neglect 

Shall  require  certificate  as  to  effects  of  deceased  sea- 
men before  granting  clearance 

Knowingly  admitting  to  entry  any  goods,  »S:c.,  upon 
Iiaymen't  of  less  than  lawful  duty 

Assaulting,  resisting,  &c.,  in  execution  of  duty 

Rescuing  property  seized  by -  -- 

Discharging  weapon  at,  or  using,  &c.,  in  resisting.... 

Oft'eriug  present  to,  by  persons  importing,  &c.,  or  in- 
terested in  entry  of  "goods,  &c.  (see  Beveniie  Officers^.. 
Cuyalioija,  Ohio  : 

Collection  district 

Otlicers  of  customs  in,  residence  of 

Additional  inspectors  for  district  of 

Cyprus,  consul  at,  salary  of 

D. 

Damaycd  goods  : 

Imported,  appraisers  to  certify  rate  of  percentage  of 
deductions,  how  made  ;  proof  of  where  lodged 

Appraisal,  &c.,  at  New  York 

Damaging  vessel  or  cargo,  punishment  of  seamen  for 

Bau  vers,  Mass.,  port  of  delivery 

Darii'U,  Oa.: 

Port  of  delivery - 

Deinity  collector  to  reside  at 

Deceased  Americau  citizens,  duty  of  consular  officers  as  to  es- 
tate of 

Deceased  seamen.     (See  Seamen.) 
Deck  passengers — 

On  river  steamers,  provisions  for  safety  and  accommo- 
dation of 

Penalty  for  failure 

Deer  Island,  Me.,  port  of  delivery 

Definitions  : 

Diplomatic  and  consular  officers 

Of  word  "  ton,"  as  used  in  Title  Collection  of  Duties... 

Of  words  "  value  "  and  "  valued,"  as  used  in  Title  Col- 
lection of  Duties 

Of  "minister"  and  "consul,"  in  Title  Foreign  Rela- 
tions  

Of  "  master,"  "  vessel,"  owner,"  in  Title  Merchant  Sea- 
men   

Of  vessel 

Delaware  : 

Collection  district  of,  ports  of  entry  and  delivery  in 

Collector  in,  residence  of 


3097 
3101 
3102 


3987 
3969 
3990 
3991 

117 
117 
117 
117 

4015 
4202 

119 
30 

4451 

98 

449(5 
4497 

87 
88 

4539 

178 

5444 
5447 
5447 
5447 

241 
241 
241 
241 

5452 

242 

2603 
2604 
2605 
1690 

318 
318 
319 
218 

2927 
2943 
4596 
2527 

2559 
2560 

1709 


4484,4485 
4486 
2517 

1674 
2951 


2952 
413.) 


4612 
3 


2546 
2547 


375 
192 


309 
221 


86 

86 

296 

217 
374 

374 

217 

197 
5 

306 


454 


INDEX. 


Subject. 


Delaware — Continued. 

Permit  for  land  transportation  of  foreign  merchandise 

across  

Delauare  City,  Del.,  port  of  delivery 

Delivery — 

Of  cargoes,  inspector  to  attend  to 

Copies  of  accounts  of,  to  be  returned  to  collector,  &c., 

and  what  to  comprise 

Of  vessel  in  distress  not  agreeing  with  master's  report, 

penalty 

From  custody  of  customs  officers,  imported  goods  to 

be  inspected  and  appraised  before 

Of  merchandise  in  bulk,  from  warehouse 

Of    imports   for  transportation   time   of,  penalty    for 

failure  (see  Uuladiiig) 

Delivery  of  letters — 

From  vessels  in  foreign  trade 

PYom  steamboats 

Demerara,  consul,  salary  of 

Deputy  collectors  of  cuaioms  : 

Ports  at  which  appointed 

At  Calais,  Me.,  when  to  enter  and  clear  vessels,  &c.. . 

When  to  perform  duties  of  collector 

Collector  to  appoint,  duties  of 

When  empowered  to  act  as  principal,  bond  of 

Salaries  of — 

At  New  York,  Boston,  Philadelphia,  Baltimore,  New 

Orleans,  Portland,  Me.,  and  San  Francisco 

At  Eureka  and  Vailejo,  Cal 

At  Potomac 

At  Shreveport 

At  Saint  Paul,  what  to  include  duties  of 

At  EUeusberg,  Port  Orford,  and  Gardiner 

At  Vailejo,  Cal.,  when  to  exercise  powers  of  surveyor. 
In  northern,  «fec.,  frontier  districts,  certain  oaths  to 

be  administered  by 

When  to  search  certain  stores,  warehouses,  &c 

When  to  act  as  shipping  commissioners 

Deputy  consuls : 

Title  to  denote  what,  shall  be  deemed  included  as  con- 

sulars  otiRcers 

Not  to  be  appointed  except  under  regulations 

Prohibition  to  trade  maybe  extended  to  (see  Consuls- 
General,  Consuls,  tfc) ■ 

Derby  Conn.,  port  of  delivery 

Desertion  of  merchant  seamen.     (See  Seamen.) 
Destitute  xcamen.     (See  Seamen.) 

Do 


Section  E.  S.  or 
act  Congress. 


Page. 


4362 
2546 

2877 

28S8 

2893 

2S99 
2980 

3001 


306 
360 
363 
364 

365 

378 


Detroit,  .Vicli.: 

Collection  district  aiul  port  of  entry 

Officers  of  customs  in,  residence  of 

Weighers;  gangers,  measurers,  and  inspectors,  for 

Insjx'ctors  of  hulls  and  boilers  for 

Salaries  of 

Diplomaiic  officer s — 

May  require  mails  to  be  carried  in  vessels  bound  to 
the  I'nited  States 

Table  of  fees  allowed  to,  to  be  attached  to  clearances 

of  ccrrain  registered  vessels 

Diplomatic  and  consular  officers  : 

Title  X VIII 

Provisions  common  to  both 

Disabled neanien.     (Sec  Seamen.) 
Discharge  of  seamen.     {See  Seamen.) 


3976 
3977 
1690 

116 
116 

218 

2518-2602 
2521 
2625 
2630 
2633 

297-318 

298 
322 
323 
324 

2697 
2698 
2699 
2700 
2701 
2702 
2824 

332 
332 
333 
333 
333 
333 
348 

3098 
3107 
4503 

398 
400 
171 

1674 
1695 

217 
219 

1700 
2533 

220 
301 

i.ctJunel9, '86, 
sec.  18. 

205 

2599 
2600 
2606 
4414 
4414 

317 
318 
319 
90 
90 

3976 

116 

4207 

■.iO 

1674-1752 
1740-1752 

217-227 

225-227 

INDEX. 


455 


Subject. 


Section  R.  S.  oi 
act  Congress. 


Pagt 


DwciplUic  of  seamen.     {See  Seamen.) 
Discriminating  ditlies.     (See  DuUes,  discriminating.) 
Discriminating  tonnage  duties.  (See  DiiiieK,  discriminating  ton- 
nage.) 
Distilled  spirits  : 

Cutstoms  duties  ou,  to  be  collected  according  to  hydro- 
meter proof 

Manifest  of,  when  carried  by  vessels  in  coasting-trade 
between  neighboring  districts - 

Transported  by  vessel  between  remote  districts,  with- 
out manifest  and  permit 

By  vessel  of  less  than  twenty  tons  burden 

Distilled  spirits  or  nines: 

Reporting  of  vessel  arriving  with 

•Separate  entry  of,  by  importer,  &c.,  how  subscribed  and 
certified,  and  to  whom  transmitted 

For  different  districts,  how  to  be  inserted  in  manifests 
of  cargoes 

Imported,  not  to  be  removed  from  wharf  before  proof 
of,  4&C.,  forfeiture i 

Permit    for   unhiding;    penalty  for  unlading    without 
permit 

Under  whose  inspection  to  be  landed 

When  and  how  casks,  &c.,  containing  imported,  to  be 
marked 

Imported,  where,  and  how  stored 

Change  from  casks  of  imported,  how  made,  drawback  , 

on ; 

District  courts : 

Prosecution  and  condemnation  in,  of  vessels  employed  ; 
in  cooly  trade ' 

Admission  of  alien  seamen  to  citizenship  by ■ 

Prize  eonunissioners  to  be  appointed  by i 

May  direct  transfer  of  prize  property  to  another  dis-  | 
trict  for  sale -• } 

Shall  order  testimony  to  be  taken  for  determining  prize 
shares 

Shall  make  decree  of  distribution  in  prize  causes 

What  such  decree  shall  recite 

To  make  order  for  payments  from  prize  fund 

For  payment  of  costs  and  charges -  - 

Shall  order  amount  decreed  for  distribution  to  be  paid 
into  Treasury - 

Shall  make  distribution  of  prize  money  in  case  of  ves- 
sels not  of  Navy —  - 

May  appoint  commissioner  to  make  distributiou  

Shall  determine  the  compensation  of  district  attorney 
and  prize  conunissioner  in  prize  cases 

Compen.sation  of  special  counsel  for  captors  may  l)e  al- 
lowed by 

District  judges  : 

For  district  of  Florida  may  grant  license  to  vessels  for 
wrecking,  »fcc.,  when 

Proceeds  of  deceased  .seamen's  ertects,  &c.,  to  be  sent 
to,  by  consuls - 

May  summon  master  to  show  cause  why  libel  for  wages 
should  not  issue 

Unseaworthy  vessel,  complaint  of,  may  be  made  to 

Shall  direct  survey  of  alleged 

May  punish  seamen  for  refusal  to  sail,  »fec 

Report  of  examination  of  provisions,  Arc,  of  merchant 

vessels  to  be  .sent  To   

District  of  Colnmlna  : 

Collection  district  in 

Collector  in,  residence  of 


•2918 

368 

4349-4352 

.52-53 

4353-43.-.6 
4359-43(50 

53-54 
55 

2775 

340 

2794 

343 

2808 

345 

2882 

361 

2883 
2884 

361 
361 

2885 
2958 

364 
372 

3029 


385 


2159 
2174 
4621 

103 
206 
248 

4629 

249 

4634 
4634 
4()34 
4640 
4640 

251 
251 
251 
252 
252 

4641 

252 

4641 
4641 

25-^ 
252 

4647 

252 

4648 

253 

4241 

132 

4541 

17l> 

4546 
45r.6 
4.557 
4558 

180 
183 
183 
184 

4565 

185 

2550 
2551 

307 

307 

45e 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


Documents: 

Official,  of  customs,  substautial  compliauce  with   pre- 
scribed forms 

Fees  for 

■Of  vessels.     (See  Vessels.  ) 

Of  vessels,  or  undocumented 


Dover,  X.  H. ,  port  of  delivery 

Draivback — 

Not  allowed  on  oil-cake  made  from  imported  seed 

Duty-paid  merchandise  may  remain  in  warehouse  and 
be  entitled  to 

No  entry  or  exportation  of  goods  withdrawn  from 
custody  of  officers -  -  -  - 

Except  on  certain  manufactures  and  salt  for  curing  fish. 

Pi-ovisions  relating  to 

Allowance  of,  on  imports  exported 

Restrictions  on 

No  allowance  of,  unless  goods  exported   within  three 


years 

1  per  cent,  of,  retained  for  United  States ; 

Drugs,  medicines,  and  chemicals 

On  articles  manufactured 'wholly  of  imported  materi- 
als, 10  per  cent,  of,  retained  for  United  States 

On  manufactures,  in  part,  of  wood  grown  in  United 
States  

On  salt  for  curing  fish 

How  ascertained  on  saltpeter  manufactured  into  gun- 
powder  

10  per  cent.,  retained  for  United  States 

Of  discriminating  duties  not  allowed 

On  articles  imported  in  bulk 

On  spirits  and  sugars  changed  from  original  packages. 

Ooods  entitled  to,  when  n^ay  be  changed  into  other 
packages t 

Notice  of  change,  to  whom  given 

Invoice  to  be  deposited  with  collector,  &c 

Inspection  of,  entered  for 

■Goods  intended  for,  transported,  to  be  accompanied  by 
copy  of  co.st  from  invoice,  &c 

Proceedings  before  lading  ;  oath  of  exporter 

On  merchandise  transported  to  another  district  for  ex- 
portation   

Merchandise  entered  for,  on  incomplete  entry,  when 
extension  of  time,  &c 

Debentures  for,  in  certain  cases,  at  what  time  payable.. 

When  payment  of,  refused  by  collector,  protest  of; 
suit,  how  brought 

How  assigned,  &c 

On  certificate  of  exportation  of  merchandise  from  other 
than  port  of  importation 

Error  or  fraud  :  duties  to  be  received  before  payment 
of 

Bond  to  be  given  for  delivery  of  merchandise  at  a  for- 
eign port  before  receipt  of 

Appropriation  for  payment  of,  how  expended  ;  who  to 
pay;  certificate  of,  where  receivable  for  customs 

Falsely  making,  forging,  altering,  &c.,  uttering  false 
as  true,  &c 

IMorchandise  entered  for,  and  relanded,  seizure,  for- 
feiture, and  penalty 

Palse  entry  of,  forfeiture 

When  by  accident  or  mi.stake 

Jmports  from  British  North  America  entered,  &c.,  may 
Jbe  transported,  &c. ,  for  benefit  of 


2769 
Act  July  5,  '84 

Act  June  19,  '86, 
.sec.  7. 

2522 

2502 

2977 

2978 
3025 
3015-3057 
3015  j 
3016 

3017 
3017 
3018 

3019 

3020 
3022 

3026 

3026 
3027 
3028 
3029 

3030 
3031 
3032 
3033 

3034 
3035 

3036 

3037 
3038 

30.39 
3040 

3041 

3042 

3043 

3048 

5423 

3049 
3050 
3051 

3053 


339 
26 

5 

298 
257 

378 

378 
385 
384-390 
384 
384 

384 
384 
384 

384 

384 
385 

385 
385 
385 
385 
385 

386 
386 
386 
386 

386 
386 

387 

387 

387 

387 
387 

387 

388 


240 

389 
390 
390 

390 


[NDEX. 


457 


Subject. 


Drau'lack — Contiuued. 

On  imports  exported  from  Lake  Poutcliartraiii 

Imports  eutered  for,  may  be  exported  to  British  North 

America 

Secretary  of  Treasury  to  prescribe  rules,  &c.,  for 

Fee  for  permit  to  load  goods  for  export  entitled  to 

Material  for  repairs 

Equipment,  drawback  on 

Materials  used  in  construction  of  vessels 

Materi  al  for  repairs 

Ship-building  material 

Building  material 

Supplies 

On  coal 

D)  unkeiniesfi,  penalty  for,  on  merchant  vessels 

Diihiiqite,  Iowa  : 

Port  of  delivery  in  district  of  New  Orleans 

Siuvevor  to  reside  at,  duties  of 

Diduth,  M)nn.  : 

Collection  district  and  port  of  entry 

Collector  to  reside  at 

Dunca)!  CUi/.,  Mich.,  port  of  delivery 

Dvndte,  consul  at,  salary  of 

Dunkirk,  iX.  Y.  : 

Collection  district  and  port  of  entry 

Collector  in,  to  reside  at 

Additional  inspectors  for 

Duties — 

On  imports,  schedule  of  special  rates  of 

On  non -enumerated  articles 

"  Similitude  clause" 

To  be  levied  on  reimportations 

Discriminating  duties  on  importations  in  foreign  vessels. 

90  per  cent,  of  regular  duties,  list  of  importations  ad- 
mitted at 

10  per  cent,  reduction  of  duties,  articles  entitled  to 

Free  list 

Certiticate  of  consul  or  minister  to  be  indorsed  on  Amer- 
ican artists'  declaration  to  admit  works  of  art  free, 

«fec : 

Merchandise  recovered  from  vessels  suuk  and  aban- 
doned, free  of 

Of  forests  upon  Saiut  Croix  River 

Imported  for  repairs  only,  to  be  free  of 

Statuary  and  pictures  for  exhibition  and  not  for  sale  to 
be  free  of;  bond  for  payment  of,  when  not  re-ex- 
ported   

Materials  for  construction,  &.C.,  of  vessels  in  foreign 
and  Atlantic  and  Pacific  trade  may  be  imported  in 
bond 

If  used  for  such  construction  no  duti'es  to  be  paid 

Such  vessels  not  to  engage  in  coastwise  trade  more  than 
two  months  in  a  year 

Articles  for  repair  of  American  vessels  may  be  with- 
drawn from  bonded  warehouse  free  of 

Peltries  and  proper  goods,  &c.,  of  Indians,  when  admit- 
ted ,  free  of 

On  non-enumerated  articles,  rate  of 

Cargoes  for  Greenport,  N.  Y.,  to  pay  at  Sag  Harbor 

For  Cold  Spring  or  Port  Jefferson,  N.  Y.,  to  pay  at  New 
York 

Rates  of,  to  be  posted  up  iu  oflSce  of  collectors,  &c.;  re- 
cipts  for;  penalty,  »&c 


Section  R.  S.  or 
act  Congress. 


Page. 


3055 


390 


3056 

390 

3057 

390 

43H2 

59 

2511 

292 

2510  1 

292 

2513 

63, 292 

2514  ' 

63 

2513 

63,292 

Act  June  26,  '84 

64 

Act  June  26,  '84 

64 

Act  June  19,  '66, 

64 

sees.  10  &  15 

4602 

195 

2568 

311 

2569 

312 

2595 

317 

2596 

317 

2599 

317 

1690 

218 

2535 

302 

2536 

303 

2605 

319 

2502, 2503 

257,233 

2499 

256 

2499 

256 

2500 

257 

2501 

257 

2502 

257 

2502 

257 

2503 

233 

233 


2504 

291 

2506 

291 

2507 

291 

2509 


292 


2510 
2510 

292 

292 

2510 

292 

2511 

292 

2512 
2499 
2537 

292 
256 
304 

2540 

304 

2635 

324 

458 


INDEX, 


Subject. 


Duties — Continued. 

Re- exportation,  &c.,  bonds  conditioned  for  payment  of ; 
suit  on 

On  merchandise  for  districts  other  than  that  of  arrival, 
how  paid 

To  be  i»aid  only  on  goods  lauded 

When  not  paid  in  district  of  arrival,  duty  of  master  of 
vessel 

Boud  for,  by  master  of  vessel  proceeding  to  another  dis- 
trict  

When  to  be  canceled 

On  excess  of  sea-stores 

Coal  of  steam-vessels  exempt  from 

Baggage,  on  articles  contained  in 

Concealing  dutiable  articles  in  ;  penalty 

In  transit  to  foreign  country  free  from 

On  merchandise  transported  to  interior  ports;  bond  of 
importer  or  consignee 

To  be  ascertained  by  collector;  certificate  of,  to  sur- 
veyor   

When  greater  than  bond,  no  entry  allowed ;  surveyor 
to  collect  when  ascertained 

Invoices  of  goods  subject  to  ad  valorem  ;  how  aud  in 
what  currency  made  out 

Merchandise  undervalued  to  be  held  bj'  collectors 

Proper  value  of,  to  be  ascertained 

Oaths  of  owner,  consignee,  agent,  «fec.,  forms  of 

Boud  for  production  of  invoice  verified  by  oath  of  ab- 
sent owner  of  goods  subject  to  ad  valorem 

Not  to  be  liquidated  until  triplicate  invoice  is  received. 

Collector  and  naval  officer  to  estimate  and  secure,  be- 
fore granting  permit  to  unlade 

Weighing,  gauging,  &c.,  to  be  done  before  goods  re- 
moved from  wharf 

To  be  paid  before  sale  of  perishable  cargo 

20  per  cent,  additional  on  undervalued  goods 

On  articles  omitted  in  entry  without  fraud  to  be  col- 
lected   

President  to  establish  regulations  for  estimating,  in 
case  of  depreciated  currency 

Estimated  upon  value  at  date  of  shipp>eut 

Merchandise  subject  to  a<l  valorem,  «&c.,  appraised  at 
foreign  market  value  at  time  of  exportation 

Charges  for  tran.sportation,  packing,  &c.,  to  beadded. 

Commission  at  usual  rates,  but  not  less  than  2^  per 
cent.,  to  be  added 

On  wines,  &c.,  how  graded,  »&c 

Charges  a  part  value  for  assessment  of 

20  per  cent.,  collected  on  additions  for  charges  exceed- 
ing 10  per  centum,  &c.,  and  on  wools  exceeding  12 
cents  per  pound 

Where  appraisal  exceeds  10  per  centum  of  invoice  value. 

On  import sof  different  values  invoiced  at  average  prices 

On  wool  in  same  bale,  &c.,  of  different  qualities 

On  vinegar  according  to  standard 

On  distilled  si)irits,  according  to  hydrometer  proof 

On  grain 

Allowance  made  for  deficiency  of  articles 

When  bund  required  of  owner,  to  give  information  to 
determine  rate  of 

Decision  of  collector  final,  and  no  suit  to  be  maictained 
for  recovery  of,  unless  protest  and  appeal  are  made  . 

Additional,  not  deemed  fines,  penalties,  «fec.,  for  pur- 
pose of  distribution,  &c ; 

Stored  merchandise,  when  sold  for 


Section  R.  S.  or 
act  Congress. 


Page. 


277.T 


340 


277'J 
277'J 

:M0 
340 

2780 

341 

2782 
2783 
279(j,  3112, 3113 
2798 
2801 
2802 
2803 

341 
341 
343, 401 
343 
344 
344 
344 

2825 

348 

2826 

348 

2831 

349 

2838-2854 
2840 
2840 
2841 

351-355 
351 
351 
:551 

2842 

2857 

353 
356 

2869 

358 

2882 
•^892 
2900 

361 
:J64 
:«5 

2901 

365 

2903 
2904 

366 
:">66 

2905,2906 
2907 

?,66 
367 

2907 
2907 
2908 

367 
:?67 
367 

2908 
2909 
2910 
2912 
2917 
2918 
2919 
2921 

367 
367 
367 
367 

■.m 

368 
368 
:i68 

2925 

369 

2931 

370 

2948 
2963 

373 
375 

INDEX. 


459 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


Duties — Continued, 

Impoits,  how  and  where  stored,  upon  non-payment  of. 
No  abatement  of,  for  injury  to  goods  while  in  public  i 

warehouse ;  - i 

Refund  allowed  on  goods  destroyed,  &c.,  by  accident.. j 
What,  to  be  collected  in  case  of  failure  to  transport  | 

bonded  merchandise  in  given  time | 

Goods  withdrawn  from  warehouse  for  exportation  to  j 

Mexico  without  payment  of i 

Through  port  of  Lavaca,  Tex j 

Through  port  of  Indianola,  Tex j 

Goods  arriving  at  certain  ports  for  British  provinces  | 

and  Mexico  not  to  pay i 

How  collected  and  paid i 

Unascertained 

Paid  under  protest,  to  be  deposited i 

May  be  recovered • ' 

Suits  to  recover,  not  to  be  maintained  unless  bill  of  ; 

particulars  is  served ! 

Improperly  collected,  how  refunded 

Refund  of,  unascertained I 

In  ca.se  of  failure  to  appeal j 

Judgment  for,  what  to  recite,  and  payable  in  coin j 

Remitted  on  salt  for  curing  fish -    j 

On  excess  of  sea-stores  of  vessels  on  northern,  &c.,   : 

frontiers,  penalty,  &c i 

On  saloon  stores 

Not   to    accrue    because    registered    coasting    vessel 

touches  at  foreign  place 

Change  of  place  of  collection  during  prevalence  of  epi- 
demic or  contagious  diseases 

President  may  cause  to  be  collected  at  port  of  delivery 

in  case  of  insurrection,  «S;c 

Or  at  any  place  on  land,  or  on  a  vessel 

When  land  and  naval  forces  may  be  employed  to  pre- 
vent  removal  of  vessel,  &c.,  detained  for  payment 

of,  in  time  of  insurrection,  &c 

When  port   of  entry  may  be  closed  by  proclamation  ; 

of  President,  forfeitures I 

When  President  may  employ  vessels  in  addition  to  rev-  : 

enue  cutters  in  aid  of  collection  of i 

Willfully  concealing  or   destroying   invoice,  book,  or  1 

pajjcr  relating  to  merchandise  liable  to 

Drawback  of.     (See  Drawback.) 

Discriminating,  to  be  levied  on   articles  imported  in 

certain  foreign  vessels 

No  part  of,  al lowed  to  be  drawback 

What  vessels  not  to  pay 

Decision  of  collector  of  customs  as  to  rate  of,  final, 

unless,  &c 

Foreign  vessels  in  northern,  &c.,  dstricts,  when  to  pay 
On  vessels  entering  from  foreign  port  exempting  of  for-  , 

eign  yachts 

On  vessels  of  United  States  built  in  United  States  but 

owned  by  foreigners 

Exemption  from,  of  registered,  enrolled,  and  licensed  ' 

vessels  in  coasting  or  fishing  trade i 

Of  vessels  making  daily  trips  on  inland  waters  between  | 

United  States  and  Canada,  excejjt,  &v. I 

From  tonnage  fees  of  vessels   touching  at  Canadian  j 

ports,  when I 

Time  of  payment  of,  by  vessels  paying  once  a  year 1 

**  Light  money  "  on  vessels  not  of  United  States ! 

How  payable 


2964 


2983  i 

2984  1 

37i> 
379 

3001 

3e0 

3002 
3003 
3004 

:38l 
381 
381 

3005 
3009 
3010 
3010 
3011 

381 

382 
382 
382 
382 

3012 

30l2i 

30 1 2^ 

.3013 

3014 

3022 

383 
:i83 
383 
383 

383 

385 

3112 
3113 

383 
333 

4397 


3f^ 


5314 
5315 

236 
236 

531(j 

237 

5317 

237 

5318 

237 

5443 

241 

•>501 
3027 
2793 

257 
385 
343 

2931 
3110 

370 
401 

4-.'l() 

32 

4219 

:J5 

4220 

35 

4221 

as 

4222 
45i24 
4225 
4225 

36 
36 
36 
36 

460 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


Duties — Cou  tinned. 

Unregistered  vessels,  owned  by  citizens,  and  carrying 

sea-letter,  exempt 

Oath  by  owner  on  entry,  when 

By  master,  when 

Effect  of  faihire  to  take 

Rights,  &c.,  of  foreign  nations  under  laws  and  treaties 

,         regarding,  preserved 

Suspension  of,  by  President's  proclamation 

On  vessel  licensed  for  coasting  trade  or  fisheries 

Licensed  vessel  in  coasting  trade  or  fisheries  subject  to, 

when 

Brazil,  steamships  carrying  mail  between  the  United 

States,  and  exempted  from  port  charges,  &c 

Duration  of  exemption 

Discriminating  tonnage  on  certain  foreign  vessels 

On  other  vessels 

When  discriminating  against  United  States  abolished.. 
Rights  of  nations  under  laws  or  treaties  not  impaired.. 

Duxiurji,  Mass.,  port  of  delivery 

DweU'uig-Jwiise : 

Customs  officers  not  to  enter,  in  making  searches 

Warrant  to  search,  how  and  by  whom  obtained,  &c., 
forfeitures 


£. 

Eastern  District,  Md.  : 

Collection  district 

Collector  in,  residence  of 

JEasi  Greenwich,  li.  I.,  port  of  delivery 

East  Hacldam,  Conn.,  port  of  delivery 

East  Hartford,  Conn.,  port  of  delivery 

East  River,  Fa.,  port  of  delivery 

East  JVindsor,  Conn.,  j)ort  of  delivery , 

Easton ,  Md. ,  port  of  delivery 

Eastport,  Me.  : 

Port  of  entry  and  delivery 

Collector  to  reside  at 

Edenton,  N.  C.  : 

Port  of  entry 

Collector  to  reside  at 

Edgartoivn,  Mass.  : 

Collection  district  and  port  of  entry 

Collector  to  reside  at 

Edyecomb,  Me.,  vessels  owned  at,  may  unlade  there 

EUzahi'th,N.  J.,  port  of  delivery 

Ellensberg,  Or  eg.: 

Port  of  delivery 

Deputy  collector  of  customs  to  reside  at 

Ellsicorth,Me.: 

Port  of  entry 

Collector  to  reside  at 

Elsinore,  consul  at,  salary  of. 

El  Paso,  Tex. : 

Port  of  entry , 

Collector  to  reside  at 

Embassadors.     (See  Diplomatic  officers.) 
Emigration.     (See  Coolie  trade.) 

Emigrants Act 

Emigrants,  Chinese j  Act 

Emigran ts,  Chinese Act 

Engineers  and  Pilots Act 

Enrollfd  vessels.     (See  Vessels.) 

Ensign  or  flag  of  revenue-cutter  service,  who  to  prescribe  .. 


4226 

36 

4226 

36 

4226 

36 

4226 

36 

4227 

36 

4228 

37 

4320 

45 

4335 

48 

42.32 

33 

4232 

38 

4219 

35 

4219 

35 

4219 

35 

4219 

35 

2527 

298 

3065 
3066 


392 


2548 

306 

2549 

306 

2531 

300 

2533 

301 

2533 

301 

2552 

307 

2533 

301 

2548 

306 

2517 

296 

2518 

297 

2555 

308 

2556 

308 

2527 

298 

2529 

300 

2520 

298 

2541 

304 

2586 

315 

2587 

316 

2517 

296 

2518 

297 

1690 

218 

2578 

313 

2.579 

314 

Aug.  2,  '82 

72 

Aug.  2,  '82 
July  5,  '84 

72 

107 

Apr.  17, '74 

23 

2764 


338 


INDEX. 


461 


Subject. 


Section  R.  S  or 
act  Congress. 


Eniry — 

By  owners,  «fec..  when  to  be  made  and  what  to  iuchide. 

To  be  verified  by  oath 

How  made  when  particulars  of  merchandise  are  un- 
known  

When  imperfect,  collector  what  to  do 

Of  distilled  spirits  or  wines,  separate  certificate  and 
transmission  of 

Separate,  of  personal  baggage,  tools,  «fec.,  how  and  by 
whom  made 

When  not  by  owner,  bond,  «&c 

Of  cigars,  number  in  package 

Where  made — 

For  Albany,  N.  Y 

For  Augusta,  Ga 

For  Palatka,  Fla -  -  - 

For  Bay  port,  Fla 

For  Selma,  Ala 

For  Houston,  Tex ---- 

For  ports  of  delivery  on  Mississippi  River  and  its 

tributaries 

For  ports  of  delivery  in  district  of  New  Orleans 

For  Vallejo,  Cal  ...' 

And  permit  for  landing 

When  duty  on  merchandise  exceeds  bond 

For  Petersburg  and  Richmond  collection  districts,  how 
made 

Subject  to  ad  valorem  duty  when  bond  required  for 
production  of  invoice 

Of  non-residents,  subject  to  ad  valorem  duty,  how 
made 

Of  non-residents,  not  acquired  by  purchase,  «&.c  ...... 

When  merchandise  admitted  to,  without  oath  to  in- 
voice   

Who  to  give  bond  prior  to,  and  in  what  form 

Where  one  of  owners  resides  abroad,  on  whose  oath 
may  be  made 

How  made  when  change  of  destination  of  merchandise 
after  production  of  invoice,  and  non-receipt  of  trip- 
licate at  port  of  arrival 

When  imi)racticable,  from  accident,  «fec.,  to  produce 
invoice  at  time  of,  who  to  authorize  making  of 

Certain  provisions  concerning,  not  to  apply  to  coun- 
tries where  there  are  no  consular  officers  of  United 
States  

When,  may  be  made  without  production  of  triplicate 
invoice,  «fec • 

Not  to  be  made  unless  invoice  in  proper  form 

By  means  of  false  invoice,  «fcc.,  how  punished 

Under  treaty  of  Washington,  how  made 

Estimate  of'customs  duties  to  be  indorsed  on 

In  case  of  vessel  seeking  port  in  distress,  to  be  made 
before  sale  of  perishable  cargo 

Addition  to  cost  or  value,  how  and  when  made 

Articles  omitted  from  invoice  to  be  added  to,  when  no 
fraud,  «fcc 

Additions  made  to  value  of,  for  charges,  how  regarded, 
and  what  collected  on :  exceptions  as  to  certaiu  wools. 

Appraisal  before,  of  imported  goods  damaged  and  ta-  i 
ken  from  wrecks 

Imported  into  northern,  &c.,  frontier  districts,  how 
made -  — 

Of  saloon-stores  of  vessels  on  northern,  «fec.,  frontiers, 
penalty  for  failure,  &c 

Of  equipments,  penalty  for  failure,  »fcc 


2785 
2786 


2788 
2789 


2799 
2800 
2804 

2816 

2817 
2818 
2819 
2820 
2821 

2822 
2823 
2824 
2!r26 
2831 

2836 

2842 

2843 
2845 

2847 

2848 

2849 


Page. 


341 
342 


342 
342 


343 
344 
344 

347 
347 
347 
347 
347 
347 

348 
348 
348 
348 
349 

350 

353 

351 
354 

354 
354 

354 


2857 

356 

2858 

356 

2d59 

356 

2859 
2860 
2864 
2866 
2869 

356 
356 
357 
357 
358 

2892 
2900 

364 
365 

2901 

365 

2908 

367 

2928 

370 

3097 

398 

3113 
3114 

401 
1   -  402 

462 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Congress. 


.Em<»7/— Coutinued. 

Taken  or  delivered  at  intermediate  port,  by  vessels  to 
foreign  and  coasting  trade,  how  made,  &c 

Fee  for I 

Oliicers  of  revenue  knowiugly  admitting  to,  or  aid- 
ing, npou  i»aymeut  of  less  than  lawful  dnty — 

Knowingly  etfeeting,  at  less  than  true  weight,  or  by 
payment  of  less  than  law ful  duty 

Of  vessels,  where  to  be  made 

Ship's  papers  to  be  produced  to  collector 

Vessels  of  war  and  certain  others  not  required  to  make. 

Ferrj'-boats  not  required  to  make 

When  obstructed  by  ice,  how  made ] 

In  foreign  trade,  mails  to  be  delivered  before | 

Shall  not  be  allowed  until  delivery  of  letters  at  post- 
office  ;  oath ;  penalty 

Of  foreign  vessels,  production  to  collectors  of  regis- 
ter, clearance,  &c. ,  by  master  on 

Deposit  of  papers  With  foreign  consul 

Penalty  for  failing  to  produce  and  deposit --. 

Exceptions  as  to  vessels  of  certain  nations 

Of  vessels  of  the  United  States,  oath  of  master  as  to 
delivery  of  mails  on \ 

Licensed  yachts  exempt  from,  when 

Foreign  yachts  exempt  from,  when 

Of  yachts  returning  from  foreign  country , 

Not  to  bo  allowed  until  hospital  tax  is  paid 

Until  master  has  made  oath  as  to  impressment  of  crew. 

Fees  for.     {See  Fees.)  , 

Entry  and  clearance  exempt  for  vessels  navigating  the  Mis-  \ 

sissippi i 

Eureka,  Cat.  : 

Port  of  delivery 

Deputy  collector  to  reside  at 

Vessels  going  to  or  from,  how  to  report 

Explosive  articles  not  to  be  carred  on  steam  passenger  ves- 
sels    j 

Exports  of  goods  and  merchandise  under  treaty  of  Wash-  ( 

ington ' 

Exportation  — 

Of  goods  in  bonded  warehouse 

Of  goods  when  entitled  to  return,  duties,  &c 

Restriction  upon  entry  and  for  drawback i 

When  permitted  without  payment  of  duties i 

What  imported  merchandise  may  be  withdrawn  from 
warehouse  for,  to  Mexico ; 

Through  port  of  Lavaca,  Tex 

Through  port  of  Indiauola,  Tex 

Of  drugs,  medicines,  «fec.,  how  made 

Of  articles  imported  in  bulk,  liow  made,  &c 

Of  merchandise,  from  district  other  than  that  of  im- 
portation, certificate  of .• 

Of  bonded  imports  from  warehouse  within  three  years. 

From  warehouse  and  transportation  to  British  Prov- 
inces   

Of  duty  paid  imports  to  British  Provinces 

Extradition 


Page. 


3117 

402 

4382 

59 

5444  ' 

241 

5445 

241 

2770 

339 

2790 

342 

2791 

342 

279-2 

342 

2896 

364 

3976 

116 

3988  ! 

117 

4209 

31 

4209  i 

31 

4209  j 

31 

4210 

31 

4212 

31 

4214  i 

32 

4216  ; 

32 

4218  i 

38 

4585  ' 

190 

4590 

191 

ActJulv  12, 


210 


2582 
2583 
25«5 

314 
315 
315 

4472 

83 

2866 

357 

2971 
2977 
2978 
2979 

377 

378 
378 
378 

3002 
3003 
3004 
3U18 
3028 

381 
381 
381 
384 
385 

3041 
3052 

387 
390 

3054 
3056 
5275 

390 

390 
227 

Factors  to  give  bond   for  account  by  owner  on  entry  of 
imported  goods 

Fairfield,  Conn.: 

Collection  district  and  port  of  entry — 

Collector  to  reside  at 


2787 


2533 
2534 


342 


301 
302 


INDEX. 


463 


Subject. 


Section  R,  S.  or 
act  Congress. 


Page. 


Fairport,  Ohio,  port  of  delivery 

Falkland  lslaiid>i,  consul  at,  salary  of 

Fall  Rha;  Mass. : 

Collection  district  and  port  of  entry 

Collector  to  reside  at 

Falmouth,  Mass.,  port  of  delivery 

False  lights,  holding  out,  with  intent  to  bring  vessels  into 

danger,  &c 

False  oath  — 

By  owner,  to  obtain  register  of  vessel 

By  agent  or  attorney 

Feed — 

In  consular  courts,  how  established 

Proceeds,  how  to  be  applied 

Regulation  of  accounts  of 

Of  marshals  for  services  to  inspectors  of  steam  vessels.. 

For  inspection  of  steam  vessels 

Of  shipping  commissioners,  provisions  relating  to 

Consular: 
For  certifying  invoices  to  be  in  full   payment ;  pen- 
alty, &  c 

Mastersof  vessels  shall  pay ;  shall  be  liable  for ;  papers 

may  be  witliheld  until  i>aid 

For  certifying  invoices  in  British  North  American  prov- 
inces, rate  of 

None  on  tonnage  of  vessels  touching  at  Canadian  ports 

May  be  paid  in  foreign  coin  in  Canada 

Penalty  for  exacting  illegal 

For  failure  to  collect  remission 

Returns  of,  shall  be  made 

Receipt  shall  be  given  for 

To  be  numbered  and  registered 

Transcript  of  register  of,  shall  be  furnished  with  ac- 
counts  

Collected  by  officers  not  in  Schedules  B  and  C  shall  be 

accounted  for ; 

Such  oflicers  to  liave  as  compensation ! 

In  excess  of  $2,500  a  year  subject  to  draft  of  Secretary 

of  the  Treasury 1 

Tarilf  of,  to  be  conspicuously  jKisted  in  consulate 

Received  at  vice-consulates  and  consular  agencies,  in  I 
excess  of  .?l,000  a  year,  when  subject  to  draft  of  Sec- 
ret arv 

Penalty  for  embezzlement  of 

President  may  prescribe  rates  of  tariti'of 

Shall  be  collected  in  United  States  coiu  or  its  value  in  ; 

exchange : 

Received  by  officers  in  Schedules  B  and  C  to  be  sub-  ; 

ject  to  draft  of  Secretary  of  Treasury 

For  veriticalion  of  invoice  and  certificate 

In  caseh  of  drawback,  forfeiture  for  excessive 

Table  of  consular,  &c.,  to  be  attached  to  clearances  of 

registered  vessels 

Copy  of  receipts  for,  given  by  consuls,  &c.,  abroad  to 

be  furnished  collectors  on  entry 

Collectors  to  transmit  copies  of,  to  Secretary  of  Treas- 
ury  ■ 

(.Customs,  table  of,  to  be  posted  up  in  office  of,  officers ;  | 

receipts  for,  penalty,  &c j 

Penalty  for  demanding,  &c.,  excessive ' 

Accounts  of,  to  be  kept  and  transmitted  to  commis-  ' 

siouers,  «fec.,  jx-ualty 

Collectors  of  northern,  &c.,  frontier  districts  to  ac-  ; 

count  for 

Of  collectors,  list  of 


2603 


2527 
2529 
2527 


318 
218 

298 
300 
298 

239 


4143 

8 

4163 

15 

4120 

216 

4120 

216 

4120 

216 

4451 

98 

445b 

100 

1592-4595 

192 

1718 


1721 
1722, 4222 
1722 
1716, 1723 
1724  . 
1725 
1726 
1727 

223 
223-36 
223 
222,223 
223 
223 
223 
223 

1728 

224 

1729 
1730 

224 

224 

1732 
1731 

224 
224 

1733 
1734 
1745 

224 
224 
226 

1746 

226 

1747 
2851 
3046 

226 
354 

389 

4207 

30 

4213 

31 

4213 

31 

2(i35 
2636 

324 
324 

2639 

325 

2644 
2654 

325 
:«7 

464 


INDEX. 


Subject. 

Section  R  S.  or 
act  Congress. 

Page. 

Jees— Coutiuued. 

Of  collector  and  naval  officer  at  same  port,   how  di- 
vided  and  who  to  account  for.         ..       ... • 

2655 
2656 
2657 
2658 
2687 

2688 

2692 
2793,4381,4382 

2932 

3007 

3023 
3024 

4185 
4185 
4185 
4186 
4186 

4186 

4194 
4195 
4206 
4346 
4381 

4382 
4383 
4384 
4385 

1687 
1745 

1746 
(  ActJuly5,1884 
<  ActJunel9,'86, 
(      sec.  1. 

2562 
2563 

2792 
2792 
4233 

4370 

2690, 2691 

2981 
3062 

3085 
•     3087 

327 

328 

Of  surveyors,  inspectors,  and  deputy  inspectors,  list  of. 
Of  collectors  for  entry  on  northern,  &c.,  frontiers 

328 
328 
331 

Of  collectors  and  of  surveyors  acting  as   collectors, 
limit  of      .              . .. . 

331 

To  be  credited  to  appropriation  for  expenses  of  collect- 
in""  revenue  from  customs                 .                        .    

332 

Entry  and  clearance         ..     . . 

343-59 

Decisions  of  collectors  of  customs  as  to,  final,  unless, 
&c. ;  no  suit  to  be  maintained  for  recovery  of,  unless 
protest  and  appeal  are  made            .. .. 

372 

Sealed  cars  laden  with  goods  in  transit  exempt  from 
manifest  fees                                                               . 

382 

On   gaugeable  merchandise  exported  and  withdrawn 

385 

On  weio'hable  articles   &c 

385 

Of  collectors  of  customs  for  registering  or  recording 

20 

For  indorsements  on  certificates 

20 

For  takiu <'  bonds . 

20 

20 

20 

Limit  upon,  for  measuring  and  certifying  tonnage  of 

20 

Of  collectors  for  furnishing  certificate  as  to  bills  of  sale, 
mortgage,  hypothecations,  and  conveyances  of  ves- 

22 

For  furnishing  certified  copies  of  «S:c 

23 

30 

Of  surveyors,  for  enrolling  and  licensing  vessels 

Of  coastiu''' vessels  navigating  by  sea            .    .   -   .. 

50 
59 

Of  vessels  navigating  on  northern,  &c.,  frontiers,  oth- 

59 

Table  of,  to  be  conspicuously  posted  by  customs  officers. 

61 
61 

61 

Diplomatic,  at  legations,  to  be  accounted  for  to  Secre- 

218 

226 

To  be  collected  in  United  States  coin  or  its  value  in  ex- 

226 

For  documents,  for  shipping,  &c,,  abolished...... 

26 
40 

Fernandina,  Fla. : 

Collection  district  and  port  of  euti'y .. 

310 

Collector  in                                                                     ... 

310 

Ferrii-boats— 

342 

What  reports  required  of                                  .           . 

342 

123 

May  be' employed  in  United  States  by  foreign  railroad 
companv                     -•       -                            .... 

57 

Fines,  penaltieii,  aiid'forfeitnres : 

Limit  to  emolument  of  customs  officers  not  to  extend  to. 

Lien  for  freight  to  be  paid  from  proceeds  of  sale  of  for- 
feited imports 

For  smuggling 

In  customs  cases,  suits,  «fec.,  for,  when  and  by  whom 
to  be  commenced 

331 

378 
391 

396 

Who  to  cause  commencement  of 

396 

INDEX. 


465 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


Fines,  penalties,  and  forfeitures — Continued. 

Deduction  from  proceeds  of,  distribution  of  balance... 

Of  seaiuen,  how  recovered •  - .  • 

Proceedings  for  remission  of,  on  summary  examination 
befort-  district  judge,  under  customs,  navigation, 
&c.,  laws 

Under  methods  prescribed  by  Secretary  of  Treasury- .. 

Under  laws  relating  to  steam  vessels 

Witnesses  interested  in,  may  be  examined  in  proceed- 
ings to  recover,  without  deprivation  of  share 

Distribution  of,  under  laws  relating  to  slave  trade 

If  official  number  is  not  marked 


4610 


5292 
5293 
5294 


For  vessels  without  documents,  remission  of 

First  officer — 

With  majority  of  crew  may  demand  inspection  of  vessels. 

In  foreign  port 

Fisheries : 

Vessels  qualified  to  engage  in,  deemed  vessels  of  the 
United  States 

Belonging  to  citizens  engaged  in,  exempt  from  tonnage 
duties 

What  vessels  juay  engage  in 

License  to  engage  in,  how  obtained 

Hond  to  obtain 

Form  of - 

Enrollment  and  license  of  vessels  for,  at  Jersey  City.. . 

At  Canulen,  N.  J 

Permit  for  vessel  engaged  in,  to  touch  at  foreign  port.. 

Pepalty  for  being  within  three  leagues  of  coast,  &c., 
without  permission 

Penalty  on  vessel  engaged  in,  without  license - 

Agreement  with  fishermen  for  voyage,  what  to  specify. 

Penalty  for  violating  agreement 

Recovery  of  shares  of  tish  under,  &.c 

Vessel  liable  for  master  and  Hshermen's  share :.. . 

Discharge  of  vessel  from  process  on  giving  bond 

Commissioner  of  tish  and  appointment  of 

Executive  departments  to  aid  in  investigations  of.... . 

Articles  withdrawn  for  repair  of  vessels  in 

Flogging  forbidden  on  merchant  vessels 

Florida  : 

Protection  of  live-oak  and  rod-cedar  timber  in 

Clearance  from  ports  in, of  vessels  laden  with 

President  may  establish  ports  of  delivery  and  appoint 
surveyors  in 

Collection  districts,  }»orts  of  entry  and  delivery  in 

Officers  in 

Disposal  of  property  wrecked  on  coast  of 

Forfeiture  of  vesselconveyingsuch  property  to  foreign 


port 

Fog  signals  to  be  used  on  steam  and  sail  vessels,  coal  and 

canal  boats,  &c 

Foreign  and  coasting  trade.     (See  Vessels.) 

Foreigiihnilt  resntls,  wrecked  and  repaired  in  United  States, 

registry  of 

Foreign  coins : 

How  estimated,  in  payment  of  consular  fees 

Value,  basis  of,  and  how  fixed 

Recoinage  of,  before  issue 

Foreign  consul : 

Deposit  with,  of  register  and  papers  of  foreign  vessel 

on  entry 

Exception  as  to  certai  n  vessels 

H.  Mis.  391 30 


4131  j 

4220 
4311 
4320 
4320 
4321 
434U 
4341 
4364 

4365 
4371 
4391 
4392 
4393 
4393 
4394 
4395 
4397 
Act  June  19, '86, 
sec.  15. 

4611 

2460 
2463,  4205 

2562 
2562 
2563 
4239 

4240 


4136 

1722 
3564 
3566 


4209 
4210 


396 
196 


243 
243 
244 


5295 

244 

5565 

246 

Act  June  19, '86. 

27 

sec.  6. 

Ditto,  sec.  7. 

40 

4556 

183 

4559 

184 

35 
44 
45 
45 
46 
49 
49 
56 

57 
58 
61 
61 
62 
62 
62 
62 
62 
62 

197 

112 
113, 30 

310 
310 
310 
132 

132 


223 
422 
422 


466 


INDEX. 


Subject. 

Section  R.  S.  or 
act  Congress. 

Page. 

Foreign  consul — Continued. 

To  return  papers  to  master  on  production  of  clearance.. 

4211 
4211 

3987 

4007 
4008 
4009 
4010 
4011 
4012 
4014 
4U15 

4349-4352 

4353,  4354 

4355, 4356, 4359, 

4360 

4362 
4362 
4362 

4363 
1722 

4012 

4227 

Act  June  19,  '86 

4014 

4071, 4074 
4121-4124 

4111-4130 

4111-4120 

4130 

2535 
1690 

2517 

2518 
1690 
2559 

2552 
2553 

2503 
3021 
2517 

31 
31 

Foreign  letters  : 

Carried  in  vessels  leaving  United  States . 

117 

Foreign  mail : 

Contracts  lor  cairryinf                         .                 .       -- 

118 

118 

119 

Fines  on  contractors                                            -       -. - 

119 

119 

Mav  be  carried  throuo'li  United  States  bow 

119 

Postage  on   pavmeut  of  by  consuls          ...       .. 

119 

119 

Foreig n  m erchan (Use: 

In  coasting  trade,  carried  by  vessels— 

52, 53 

Between  remote  districts                                       --- 

53-54 

54-55 

Permits   for  transportation   of,  by   land,  across  New 
Jersey,  Delaware,  and  Maryland 

56 
56 

Wben  not  necessary                                           . . .  .. 

56 

Penalty  for  failure  to    report   sucb  merchandise  on 

56 

Foreign  money,  rates  at  which  receivable  for  consular  fees.. 
Foreign  nations  : 

Adjoining  United  States,  when  mails  of,  may  be  carried 

223 
119 

Rights  of,  not  impaired  by  provisions  concerning  ton- 

36 

(See  Letters  rogatory.) 
To  be  invited  by  proclamation  to  abolish  tonnage  dues  . . 
Foreign  postage,  on  "letters  for  United  States,  when  may  be 
paid  by  consuls                        . 

37 
119 

Foreign  relations : 

Testimony  for  use  in  certain  suits  in  foreign  countries. 

215 

Prisons  for  American  convicts  in  foreign  countries 

Judicial  authority  of  United  States  ministers  and  con- 

216 
215-217 

In  China,  Japan,  Siam,  Egypt,  and  Madagascar 

215-216 
217 

(See  Consular  courts  and  Letters  rogatory.) 
Foreign  seam  en .     (See  Seam  en,  foreign. ) 
Foreign  trade.     (See  Vessels.) 
Foreign  vessels.     (See  Vessels.) 
Foreign  vessels  of  tear.     (See  Vessels.) 

Forfeitures.     (See  Fines,  penalties,  and  forfeitures ;  Customs; 
Vessels.) 

302 

218 

Frankfort,  Me.  : 

296 

297 

218 

309 

Frcderickshurg,  Va.  : 

307 

307 

Free  of  duty  : 

283 

384 

Freeport,  Me.,  port  of  delivery 

296 

INDEX. 


467 


Subject. 


Freetown,  Alaas.,  port  of  delivery 

Freight : 

Lien  for,  on  imports  iu  warehouse,  payment  of 

On  forfeited  imports,  to  be  paid  from  proceeds  of  sale.. 
Freight-hoats,  steam-pressure   allowed   to,   on    Mississippi 

•      River  and  tributaries 

Frenchman's  Bai/,  Me.  : 

Collection  district ;--. 

Collector  in,  residence  of 

Fttnohul,  consul  at,  salary  of 

Fund : 

For  relief  of  sick  and  disabled  seamen,  custody  and  ap- 
propriation of 


For  Navy  hospitals,  deductions  from  pay  to  be  applied 
to ." 

Fusible  2}^i«J>i  of  boilers  of  steam-vessels,  inspection  of 


Gaboon,  commercial  agent  at,  salary  of 

Galena,  III.: 

Port  of  delivery  in  district  of  New  Orleans 

Surveyor  to  reside  at,  duties  of 

Galveston,  Tex.  : 

Collection  district  and  port  of  entry 

Collector  to  reside  at 

Inspectors  of  hulls  and  boilers  for 

Their  salaries -. 

Gangways  for  river  steamers  carrying  deck  passengers 

Gardner,  Greg.  : 

Port  of  delivery 

Deputy  collector  of  customs  to  reside  at 

Gauge-cocks  of  boilers  of  steam-vessels,  inspection  of 

Gangers : 

Customs,  for  certain  ports 

Extortion  by,  neglect  of  duty,  and  failure  to  make  re- 
turns, &.C.,  penalty 

Salary  of  head  ganger  at  New  Orleans 

At  New  York,  limitation  on 

At  Boston 

Returns  of  goods  gauged    

Gauges,  steam 

Gauging : 

Customs,  imported  merchandi.«e  not  to  be  removed  from 
wharf,  before,  »fcc.,  forfeiture , 

Of  imports,  when  at  exyjense  of  owner,  &c 

General  issue,  special  matter  under,  in  customs  cases  

Genesee,  N.  Y. : 

Collection  district  and  port  of  entry 

Collector  in,  residence  of 

additional  inspectors  for 

Genesee  Hirer,  N.  F.,  collector  of  customs  to  reside  on 

Geneva,  consul  at,  salary  of 

Genoa,  consul  at,  salary  of 

Georgetown,  D   C.  : 

Collection  district  and  port  of  entry  

Colle'-tor  at 

Georgetown,  Me. ,  port  of  delivery 

Georgetown,  S.  C.  : 

Collection  district  and  port  of  entry 

Collector  at 

Glasgow,  consul  at,  salary  of 

Glastenbury,  Conn.,  port  of  delivery 


Section  R.  S.  or 
act  Congress. 


2527 

2981 
2981 

4420 

2517 

2518 
1690 


4545, 4585, 
4610, 


4808, 


4587, 
4803 


4809 
4418 


1690 


298 

378 
378 

93 

296 
297 
218 


180,190, 
196, 166 


166 
92 


218 


2568  1 

311 

2569 

312 

2578 

313 

2579 

314 

4414 

90 

4414 

90 

4184 

86 

2586 

315 

25R7 

316 

4418 

92 

2606,2607 

319 

2637 

324 

2740 

336 

2741 

336 

2742 

336 

2890 

363 

Act  June  19,  '86 

101 

2882 

■  361 

2920 

368 

3073 

393 

2535 

302 

2536 

303 

2605 

319 

2536 

303 

1690 

218 

1690 

218 

2549 

306 

2550 

307 

2517 

296 

2557 

309 

2558 

309 

1690 

218 

2533 

301 

468 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Congress. 


Gloucefiter,  Mass.  : 

Collection  district  and  port  of  entry 

Collector  and  surveyor  to  reside  at 

Glovoin  or  glyvoin  oil.     (See  I<t if ro- Glycerine.) 

Gloves,  im]iorted  kid  and  other,  how  appraised 

Grain  : 

Customs  duties  on,  how  estimated 

How  stored  iu  customs  bonded  warehouse 

Grand  Gulf,  Miss.,  port  of  delivery 

Grand  Haven,  Mich.: 

Port  of  entry 

Collector  to  reside  at 

Great  Britain : 

Vessels  of,  may  engage  in  coasting  trade  on  lakes,  &c., 
uuder  treaty  of  Washington,  when 

Suspension  of  privilege  by  President,  when 

Great  districts : 

Divisions  of  sesj-coast  of  United  States  into  three 

Coasting  trade  between 

Great  Egg  Harbor,  N.  J.  : 

Collection  district 

Collector  iu,  residence  of 

Green  Bay,  Wis. : 

Port  of  deli  very , 

Deputy  collector,  to  reside  at , 

Greenport,  N.  Y. : 

Port  of  delivery 

Surveyor  to  reside  at 

Cargoes  for,  to  be  entered  and  duties  paid  at  Sag  Har- 
bor, N.  Y 

Enrollment  aud  license  of  vessels  by  surveyor  at , 

Greenwich,  Conn.,  port  of  delivery 

Groton,  Conn.,  port  of  delivery , 

Guano  Islands : 

When  cousidered  as  api)ertaining  to  United  States 

Notice  of  discovery  and  proofs  to  be  furnished  Depart- 
iiieiit  of  State 

Proof,  how  completed  in  case  of  death  of  discoverer 

Privilege  of  discoverer,  rate  of  chai'ges,  &c 

Restrictiou  on  exportation,  bond,  penalty,  «fec 

Regulatiou  of  guano  trade 

Crimes  and  ofleuses  committed  on 


2527 
2529 

2913 

2919 
2959 
2566 


President  to  employ  land  and  naval  forces  for  protection 
of  discoverer's  rights 

Rigjjt  of  United  States  to  abandon,  after  guano  re- 
moved   


Gvayaquil,  consul  at,  salary  of 

Gnaymas,  consul  at,  salary  of : 

Guilford,  Conn.,  port  of  delivery 

G  unpowder : 

In  bonded  warehouse,  when  to  be  sold    

Storage  of,  in  public  or  private  warehouse 

Drawback  on  foreign  saltpeter  manufactured  into,  &c. . 

Penalty  for  carrying,  contrary  to  law 

Not  to  be  carried  on  steam  passenger  vessels  except,  &c. 

How  packed  and  marked  for  shipment 

Penalty  for  shipping,  contrary  to  law 


H. 

Habeas  eorpvs,  seamen  committed  ior  refusal  to  sail  not  to 

be  discharged  on  writ  of,  for  want  of  form,  &c 

Haddam,  Conn.,  port  of  delivery 

Hair.     (See  Wool.) 

Hakodadi,  consul  at,  salary  of 


4.558  ! 
2533  I 


300 
.367 


375 
311 


2599 
2600 

317 
318 

4347 
4347 

50 
50 

4348 
4349-4361 

51 
52-55 

2541 
2542 

304 
305 

25Q7 

2598 

317 
317 

2535 
2536 

302 
303 

2537 
4345 
2.^33 
2533 

304 

50 

301 

301 

5570 

111 

5571 
'5572 
5573 
5574 
5575 
5576 

111 
111 
111 
111 
HI 
112 

5577 

112 

5578 
1690 
1690 
2533 

112 

218 
218 
301 

2975 

2962 

3026 

4424 

4472 

4475  1 

4476 

378 
375 
385 
94 

83 
84 
84 

184 
301 


218 


INDEX. 


469 


Subject. 


Section  R.  S.  oi 
act  Congress. 


Halifax,  consul  at,  salary  of - 

Hallowell,  Me.,  port  of  delivery 

Hamburij,  consul  at,  salary  of 

Hampden,  Me.,  port  of  delivery ... 

Hampton,  Va.,  port  of  delivery 

Hankow,  consul  at,  salary  of 

Harbor  of  Refuge,  Lake  Huron Act 

Hardwicke,  Ga. :  i 

Port  of  delivery 

Surveyor  of  customs  to  reside  at 

Harpswell,  Me.,  port  of  delivery 

Hartford,  (  onn.,  port  of  delivery 

Hancick,  Mass. ,  port  of  deli  very 

Havana: 

Consul-general  at,  salary  of 

Resident  mail  agent  at,  authorized  

Haverhill,  Mass.,  port  of  delivery 

Havre,  cousnl  at,  salary  of 

Havre  de  Grace,  Md. ,  port  of 

Hay,  loose,  not  to  be  carried  on  steam  passenger  vessels. .. 
Health,  public : 

United  States  officers  to  observe  quarantine  and  health  | 

laws  of  the  State ■ 

To  aid  in  execution  of  such  laws  ;  in  what  manner 

States  not  to  collect  tonnage  or  impost  duties,  by  rea- 
son of  health  laws,  without  consent  of  Congress  — 
Discharge  of  vessels  elsewhere  than  at  port  of  entry  . 
Warehouses  to  be  erected  for  deposit  of  merchandise. 
Cargo— 

To  be  deposited  in  such  warehouse  as  collector  may 

designate 

To  be  under  joint  custody  of  collector  and  owner... 

To  remain  until  it  may  be  safely  removed 

Collector  to  permit  owners,  &c.,  to  receive  merchan- 
dise   

Rate  of  storage,  how  tixed 

Extension  of  time  for  entry  of  vessels  subject  to  quar- 
antine  

No  cargo  to  be  unladen  except  as  allowed  by  law 

In  case  of  contagious  or  epidemic  disease  revenue  offi- 
cers may  remove  from  port 

To  perforin  same  duties  as  at  original  port 

Public  notice  of  removal  to  be  given 

Public  offices  may  be  removed  from  seat  of  government 

Supreme  Court  may  adjourn  to  another  place 

Marshal  to  publish  notice  of  such  removal 

Circuit  and  district  judges  nuiy  adjourn  court 

Uuited  States  prisoners  may  be  removed 

Such  removals  to  be  at  expense  of  Uuited  States  .. 

Uingham,  Mass.,  jjort  of  delivery ^ 

Hiogo  and  Osaka,  consul  at,  salary  of 

Honolulu,  consul  at,  salary  of — 

Honp-  Kong,  consul  at,  salary  of 

Hospitals — 

May  be  pre|»ared  on  passenger  vessels 

When  used  to  be  counted  as  passenger  space 

Disposal  of,  marine 

Appropriation  for   

Tax,  assessment  and  collection  of 

On  vessels  sold  abroad 

No  documents  to  be  granted  till  i)aid I 

To  be  deducted  from  seamen's  wages ! 


1690 
2.'>17 
1690 
2517 
2552 
1690 
June  19, '82 

2559 
2560 
2517 
25:i:J 
2527 

1690 
4021 
2527 
1690 
2548 
4472 


4792 
4792 

4792 
4793 
4794 


Page. 


218 
296 
218 
296 
:j07 
218 
153 

309 
309 
196 
301 
298 

218 
120 
298 
218 
306 
83 


157 
157 

157 
157 
157 


4795 

157 

4795 

1.57 

4795 

157 

4795 

157 

4795 

157 

4796 

1.58 

4796 

158 

4797 

158 

4797 

158 

4797 

158 

4798 

158 

4799 

158 

4799 

158 

4799 

158 

4.^00 

1.58 

4H(I() 

158 

2527 

298 

1690 

218 

1690 

218 

1690 

218 

4254 

66 

4254 

66 

4545,  4585 

180-190 

4687,4610 

190-196 

4585 

190 

4586 

190 

4587 

190 

4587 

190 

470 


INDEX, 


Subject. 


Hospitals — Contiuned. 

Regulations  for  collection  to  be  prescribed  by  Secretary 
of  Treasury 

President  may  receive  gifts  in  aid  of 

Supervising  surgeon  of,  to  be  appointed 

Duties  and  salary  of 

To  make  monthly  reports  to  Secretary  of  Treasury 

Deposits  to  credit  of  fund  for  relief  of  sick  and  disabled 
seamen,  by  collector  of  customs 

Monthly  returns  to  be  made 

Appropriation  and  employment  of  fund 

Persons  employed  on  canal-boats  in  coasting  trade  ex- 
cluded from  benefit  of 

Sick  foreign  seamen  may  be  admitted  on  application 
of  master  of  vessel 

Charges  x>er  diem  in  such  case 

To  be  paid  by  master 

Collector  not  to  grant  clearance  until  paid 

Officer  in  charge  of  hospital  to  render  account  of,  to 
collector ; 

Buildings,  &c.,  for,  may  be  leased  or  sold 

Exception  of  those  at  Cleveland,  Ohio.,  and  Portland, 
Me 

Other  excel )tions 

Hospital  service  for  seamen 

Hosjntal  tax.     (See  Hospitals.) 
Houllon,  Me.: 

Port  of  entry 

Collector  to  reside  at 

Houses — 

On  deck  of  vessel  transporting  other  than  cabin  pas- 
sengers between  United  States  and  Europe 

Boob'^'-hatches  may  be  used  in  lieu  of 

Penalty  for  failure  to  prov ide 

Houston,  Tex.  : 

Port  of  deli  very 

Surveyor  to  reside  at 

Merchandise  foi',  where  entered 

Hudson,  N.  Y.,  port  of  delivery 

Hulls  of  steam  vessels.     (See  Inspection  of  steam-vessels.) 
Huron,  Mich.  : 

Collection,  district 

Collector  in,  residence  of 

Inspectors  of  hulls  and  boilers  for 

Their  salaries 

Husband  of  vessel  to  give  bond  for  registry 

Hydrostatic  pressure  to  be  used  in  testing  boilers  of  steam- 
vessels  

Hypothecation — 

Ot  vessel  not  valid,  except.  &c.,  unless  recorded,  »fec  .. 

To  be  recorded  by  collectors  of  customs 

Certificates  discharging,  to  be  recorded -• 

What  record  of,  to  be  kept  in  books 

What  to  be  certified  on 

Fee  for  recording 

Not  to  be  recorded  until  acknowledged,  &c 

Collectors  to  keep  index  of  records 

Index  and  records  open  to  inspection 

Collectors  to  furnish  certificates  relating  to,  &c 

Fee  for  such  certificates 

For  certified  copy  of  record  of 

For  recording 


Section  E.  S.  or 

Page. 

act  Congress. 

4587 

190 

4801 

165 

4802 

165 

4802 

165 

4802 

165 

4803 

166 

4803 

166 

4803 

166 

4804 

166 

4805 

166 

4805 

166 

4805 

166 

4805 

166 

4805 

166 

4806 

166 

4806 

166 

4806 

166 

Act  Mar.  3,75 

167 

2517 

296 

2518 

297 

4256 

66 

4256 

66 

4259 

67 

2578 

313 

2579 

314 

2821 

347 

2535 

302 

2599 

317 

2600 

318 

4414 

90 

4414 

90 

4145 

8 

4418 

92 

4192 

21 

4193 

22 

4193 

22 

4193 

22 

4193 

22 

4193 

22 

4193 

22 

4194 

22 

4194 

22 

4194 

22 

4194 

22 

4194 

22 

4382 

59 

INDEX. 


471 


Subject. 


Section  E.  S.  or 
act  Congress. 


Page. 


2  ce,  vessels  prevented  from  getting  to  port  by 

Illinow  collection  district,  port  of  entry,  and  ports  of  de- 
li very  in  

Immediate  iraiisporlatioH.     (See  Transportation.) 
Immigration  (coolie) : 

Involuutarv,  of  persons  from  Orieutal  countries,  pro- 
hibited .! 

States  uot  to  impose  unequal  charge  upon,  of  particu- 
lar persous  


Immigration . 


2896 
2601 


2158 


2164 
Act  Aug.   3. 


Immigration,  Chinese • 

Immoral  articles  not  to  be  imported 

Importation — 

Prohibited,  of  obscene,  &c.,  articles 

Of  liquors,  exceptin  certaiu  quantities,  j)ackages,  &c. 
Schedule  H 

Of  cigars,  except  in  certain  quantities  and  packages 

Of  merchandise  into  United  States,  how  to  lie  made.. 

Into  northern,  &c.,  collection  districts 

Foreign  vessels,  forfeiture 

Prohibitiou  not  to  apply,  when 

Discriminating  duty  on,  when  levied,  &g 

Tare  on,  how  estimated 

Duty  ou,  subject  to  be  levied  on  market  value,  «fec. 
how  estimated  and  collected 

Dejiosired  in  Government  warehouse,  at  whose  risk,  &i 

Custody  of,  not  unladen  in  time 

In  bond,  products,  &c.,  of  United  States,  how  trans 
ported  over  certain  foreign  territory  and  how  treated 
Impost.     (See  Duties  on  imports.) 
Impressment  of  seamen.     (See  Seainen.) 
Imprisonment,  from  malice  and  without  cause,   of  crew  of 

American  vessel 

Indianola,  Tex.: 

Port  of  entry 

Collector  to  reside  at 

What  imports  may  be  withdrawn,  &c.,  for  exportation 

to  Mexico,  &c.,  through 

Inland  wateis  : 

Vessels  uavigating,  to  carry  what  lights 

Proi^rty  taken  upon,  by  naval  forces,  not  to  be  re- 
garded as  maritime  prize 

Inspection — 

Of  steam  vessels.  United  States  aud  foreign  public  ves- 
sels exempt  from 

Sujiervising  inspector-general,  appointment  by 

Qualifications  

Salary 

Duties 

Supervising  inspectors,  appointment  of 

Qualifications 

Salary  and  allowances,  board  of  supervising  inspectors, 
how  formed 

Meetings  of 

Assignment  of  supervising  inspectors  to  districts  of 

Establishment  of  regulations  by   

Regulations  of,  to  have  force  of  law,  when 

Supervising  inspector  of  Pacific  Coast  to  attend  meet- 
ings of,  when 

Supervising  inspectors,  duties  of,  in  their  districts 


Act  Aug.  2 

1882 
Act  July  5, 1884 
2491 

2491 

2502 
2804 
3095 
3096 
2497 
2498 
2501 
2898 

2904 
2961 
2969 

3006 


5347 

2578 
2579 

3004 

4233 

5310 


4400 
4402 
4402 
4402 
4403 
4404 
4404 

4405 
4405 
4405 
4405 
4405 

4405 
4406 


472 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Congress. 


Inspeciion — Conti  nued . 

Licensed  officers  to  answer  inquiries , 

Duties  of,  as  to  violations  of  law 

To  investigate  failure  of  licensed  officers  to  perform 

duties 

Supervision  of  local  boards  by 

Of  districts  not  having  inspectors,  by 

Reports  by,  to  annual  meeting  of  board  of 

Board  of  supervising  inspectors  and  local  boards 

To  correct  mistakes,  &c 

Regulations  by,  as  to  furnishing  information  to  local 

inspectors 

To  fnrnish  regulations  for  steam-vessels  passing  each 

other  

To  furnish  each  vessel  two  copies  of  regulatimis 

Penalty  on  pilots  violating  such  regulations 

Inspectors  of  hulls  and  of  boilers  to  be   appointed  for  j 

certain  collection  districts ■ 

Their  salaries 

Assistant  inspectors  may  be  appointed  by  Secretary  of 

the  Treasury,  when 

Their  salaries 

Traveling  .expenses  of  inspectors,  how   allowed  and 

paid 

Appointment  of  inspectors  of  hulls  and  of  boilors,  how 

made 

Qualifications 

Inspector  of  hulls  and  inspector  of  boilers  to  constitute 

a  board  of  local  inspectors 

Who  are  not  eligible  as  inspectors 

Inspection  of  hulls,  how  often  to  be  made,  and  what 

to  embrace 

Of  boilers,  when  made 

To  be  subjected  to  hydrostatic  pressure 

Water  and  steam-pipes,  &c 

Safety-valves .' 

Gauge-cocks  and  steam  registers 

Low- water  gauges 

Fusible  plugs ! 

Supply  of  water ! 

Means  of  blowing  out  mud  and  sediment j 

Maximum  low  pressure 

High 

Diminution  of  pressure 

Unsafe  boiler  not  to  be  approved 

Test  of.  constructed  of  plates  inspected  under  section 

4430 

Safety-valves  and  steam-registers,  how  controlled 

Freight  and  tow-boats  on  Mississippi  River,  &c.,  what 

to  be  deemed  maximum  pressure  on 

Exception  as  to  certain 

Certificate  of  inspection,  when  granted 

When  refused 

License  to  carry  gunpowder,  when  local   inspectors 

may  grant 

Certificates  of  inspection,  originals  to  be  retained  on 

file  at  custom-house 

Three  copies  to  master  or  owner 

Two  copies  to  be  conspicuously  posted  on  vessel,  &c.. . 
Penalty  for  receiving  passengers  on  vessel  not  having 

certificate,  «fec  

For  carrying  gunijowder  without  certificate 

Inspector  certifying  falsely,  penalty 

Ferry-boats,   canal-boats,  yachts,   &.C.,   propelled  by 

steam,  inspection  of 


4406 
4407 

4407 
4408 
4409 
44 1  n 
4410 
4410 

4411 

4412 
4412 
4413 


4414 

90 

4414 

90 

4414 

90 

4414 

90 

4414 

90 

4415 

91 

4415 

91 

4415 

91 

4416 

92 

4417 

92 

4418 

92 

4418 

92 

4418 

92 

4418 

92 

4418 

92 

4418 

92 

4418 

92 

4418 

92 

4418 

92 

4418 

92 

4418 

92 

4418 

92 

4418 

92 

4418 

92 

4419 

93 

4420 

93 

4420 

93 

4421 

93 

4421 

93 

4422 

93 

4423 

94 

4423 

94 

4423 

94 

4424 

94 

4424 

94 

4425 

94 

4426 


94 


INDEX. 


473 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


Inspection — Continued. 

Provision  for  security  of  life  on 

Certificate  of  inspection  for,  wlien  granted 

Must  have  licensed  engineer  and  pilot    

Tug  and  freight  boats,  bow  inspected 

Officers  of,  must  be  licensed 

Boilers  to  be  constructed  of  stamped  plates,  »fec 

Penalty  tor  constructing  otherwise,  &.c 

When  boilers  otherwise  constructed  may  be  used 

Inspection  of  boiler-plates 

Plates  not  inspected  not  to  be  used  

Stamping  boiler-plates 

Record  of  stamps  to  be  kept  by  inspectors 

Counterfeiting,  &c.,  stamps  for  boiler  plates  ;  penalty. 
Pressure  allowed  for  boilers  constructed  of  stamped 

plates 

Si)lit-calkingnot  permitted 

Thif-kness  of  boiler-plates 

Space  around  flues  of  certain  boilers 

Feed  and  connecting  pipes 

Protection  against  sparks  or  flames 

Safety-valves  and  gauge-cocks 

Low-water  indicator  and  fusible  plugs 

Banca  tin,  plugs  of 

Penalty  for  obstructing  safety-valves,  &c 

Penalty  for  employing  or  serving  as  officer  without  li- 
cense   

License  and  classification  of  officers  by  inspectois 

Of  captain 

Of  chief  mate 

Of  edgineer 

Of  pilot 

Of  captain  or  mate  as  pilot 

Revocation  of  licenses 

State  regulations  of  pilots  restricted 

Oath  of  licensed  officers - 

License  of  officers  to,l>e  exhibited,  when 

Renewal  of  license  of  officers — ..  ... 

Licensed  officers  to  assist  inspectors  in  examinations, 

penalty 

Revocation  of  license  for  refusal  to  serve 

Local  boards  to  investigate  conduct  of  officers,  &c  ... 

May  compel  attendance  of  witnesses 

May  administer  oaths  and  examine  witnesses 

May  suspend  or  revoke  ofliccr's  license,  when 

Paymenr,  of  marshal  and  witnesses 

Appeal  from,  on  refusal  to  grant  license,  to  supervising 

inspector 

To  furnish  supervising  inspector  record  of  doings  in 

cases  appealed  to  him 

Supervising  inspector  to  examine  anew  cases  of  refusal 

of  license  appealed 

Powers  and  duties  in  such  cases | 

Additional  inspections  by  local  inspectors I 

Notice  for  repairs  needed 

Where  repairs  may  be  needed 

Penalty  for  failure  to  make  repairs 

Jurisdiction  of  inspectors  confined  to  their  own  dis- 
tricts, except .    

Inspection  in  districts  without  inspectors 

Records  and  reports  by  local  inspectors 

Fees  for  i  nspection 

Bond  of  supervising  and  local  inspectors 

Instruments,  stationery,  «fec.,  for  supervising  inspectors 

and  local  boards 


442fi 
44-^(i 
44-20 
4427 
4427 
4428 
4429 
4429 
4430 
4430 
4431 
4431 
4431 

4433 
4433 

44:m 

443  J 
4435 
4435 
4436 
443H 
4436 
4437 


4452 


94 
94 
94 
94 
94 
94 
94 
94 
95 
95 
95 
95 
95 

95 
95 
95 
95 

95 
95 
'J6 
96 
96 
96 


4438 
4438 

96 
96 

4439 

96 

4440 

96 

4441 

97 

4442 

97 

4443 

97 

39-4442 

96-97 

4444 

97 

4445 

98 

4446 

98 

4447 

.  98 

4448 

98 

4449 

98 

4450 

98 

4450 

98 

4450 

98 

4450 

98 

4451 

98 

4452 

99 

4452 

99 

4453 

99 

4453 

99 

44.53 

99 

4454 

99 

4455 

99 

4456 

100 

4457 

100 

4458 

100 

4459 

100 

4460 


100 


474 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Congress. 


Inspection — Continued. 

Payment  of  salaries  and  expenses  of  inspection  officers, 
how  made 

Permanent  appropriation  for 

Secretary  of  Treasury  to  make  regulations  for  carrying 
out 

Penalty  on  inspectors  for  receiving  illegal  fees 

Of  passenger  vessels  arriving  from  abroad 

Of  enrollment  or  license  of  vessel  by  revenue  officer  . . 

Provisions  relating  to,  of  alleged  uuseawoi'thy  vessels.. 
Inspection  laws  of  States  to  be  observed  by  customs  officers 

clearing  vessels 

Inspectors  of  customs — 

For  Chelsea,  Mass.,  appointment  of 

At  Chester,  Pa.,  to  have  powers  of  deputy  collector. .. 

Appointment  of  temporary,  at  New  Orleans,  La.,  when 
member  of 

In  Texas,  appointment,  number,  residence,  and  duties 
of 

In  California,  how  appointed 

Additional,  may  be  appointed  by  Secretary  of  Treasurj" 
for  certain  collection  districts 

For  certain  ports 

Penalty  for  extortion  by,  and  for  certifying  shipment 
of  nierchandise  entitled  to  drawback,  &c.,  without 
inspection,  &c  . 

Services  of  occasional  inspectors  to  be  specified  in  ac- 
counts   

Fees  of  

Of  deputy  inspectors 

Per  diem  compensation  of 

S;ilary  of,  at  San  Antonio,  Eagle  Pass,  Presidio  del 
Norte,  and  SanElizario,  and  certain  places  on  routes 
to  Mexico 

At  Monterey,  Sacramento,  Benicia,  Stockton,  San  Pe- 
dro, and  Santa  Barbara 

Compensation  of,  at  Chester,  Pa 

Secretary  of  the  Treasury  may  increase  compensation  of. 

Per  diem  compensation  of  persons  performing  duties 
of 

When  to  examine  baggage,  &c 

When  to  accompany  vessels  bound  for  certain  ports  in 
Connecticut  and  New  Jersey  ;  penalty  for  masters 
refusing  to  receive 

Not  to  deliver  merchandise  disagreeing  with  descrip- 
tion in  permit 

To  examine   and  superintend  delivery  of  cargoes  of 

vessels,  &c.,  who  to  empower  to  accompany  vessels 

■  into  another  district 

Duties  of,  books  of,  to  whom  transmitted 

To  attend  to  delivery  of  cargoes;  penalty  for  neglect, 
&c 

Not  to  perform  duties  other  than,  &c.,  comi)ensation 
of,  ])ruceeding  from  one  district  to  another,  by  whom 
defrayed  ;  provisions  and  accommodatious  for 

Compensation  of,  in  case  of  delay  in  delivery  of  cargo, 
by  whom  paid,  accounts  of,  to  whom  rendered 

Wages  of,  in  extended  time  for  unlading  cargoes  of  salt 
and  coal,  by  whom  paid - 

When  distilled  spirits  to  belauded  under  inspection  of. 

To  sign  returns  of  delivery  of  merchandise 

Appointed  to  oversee  unlading  of  vessels  seeking  port 
in  distress,  to  keep  an  account 

Special  agents  as,  to  sn peri uteud  transfers  between  At- 
lantic and  Pacific  ports  in  foreign  territory 


4461 
4461 

101 
101 

4462 
5482 
4264 
4336 
4556-4563 

101 

242 

68 

49 

183-185 

4202 

30 

2»29 
2144 

300 
305 

2576 

313 

2580 
2583 

314 
315 

2605 
2606,  2607 

319 
319 

2637 

2642 
2657 
2657 
2733 


324 

325 

328 
328 
324 


324 


2735 
2736 
2737 

324 
324 
324 

2738 
2801 

324 
344 

2831 

350 

2870 

358 

2875 
2876 

359 
359 

360 


2878 

360 

2879 

360 

2881 
2884 
2889 

361 
361 
363 

2891 

361 

2999 

380 

INDEX. 


475 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


Inspectors  of  customs — Continued. 

Conij)ensation  of 

Female,  bow  and.  by  wbom  employed 

On  board  of  vessel,  duties  of 

Wben   to  inspect  niercbandise  and  baggage  imported 

from  contiguous  foreign  countries 

Inspectors  of  boilers.  (See  Ispcction  of  steam-vessels.) 
Inspectors  of  hulls.  (See  Inspection  of  steam-vessels.) 
Ineubord'niatioii,  consular  otHcers  sball  discountenance,  of  j 

seamen 

Insurrection : 

Title  LXIX 

When  President  may  declare  State  to  be  in;  suspension 
of  commercial  intercourse ;  forfeitures 

Part  of  State  not  declared  to  be  in,  under  control  of 
insurgents,  &c.  ;  suspension  of  commercial  inter 
course 

Provisions  relating  to  suspension  of  commercial  inter- 
course between  States  in,  how,  &c.,  to  apply 

President  to  license,  «S:c.,  commercial  intercourse  with 
part  of  State  in,  in  certain  cases,  and  to  what  extent.. 

Compensation  of  officers  designated  or  appointed  to 
carry  into  effect  licenses  for  taking  supplies  into  in- 
surrectionarj'  States 

Trading  without  license  in  State  declared  to  be  in,  or 
obtainiug  license  by  fraud,  &c. ;  penalty 

Secretary  of  Treasury  to  iustitute  investigations  to 
prevent  frauds,  &c.,  in  trade  between  loyal  States 
and  States  in  ;  witnesses,  «fec - 

ConlJscation  of  property  employed  in  aid  of 

Proceedings  for,  where  had,  and  how  instituted 

Secretary  of  Treasury  may  piohibit  transportation  of 
property  when  believing  it  for  aid  of  rebellion  ;  to 
require  security,  &c 

In  case  of.  President  may  change  port  of  entry;  duties, 
how  collected;  appointment  of  officers;  provisions 
of  law  applicable,  &c 

Removal  of  custom-house  in  case  of;  collector  where 
to  reside  ;  duties  of  collector 

Vessels  detained  in  districts  in,  not  to  be  taken  from 
customs  officers ;  enforcement  of  provisions 

Close  of  port  of  entry  by  proclamation  of  President  in 
districts  in  forfeiture  of  vessels  attempting  to  enter. . 

Vessels  fouud  at  sea,  Jcc,  belonging  to  inhabitants  of 
States  in,  when  forfeited 

Vessels  suspected  to  be  bound  for  ports  in,  not  to  be 
cleared,  &c 

Collectors  of  customs  may  require  bond  that  cargo 
shall  not  be  used  in  aiding 

Claims  of  loyal  creditors  lo  be  provided  for  in  condem- 
nations of  vessels,  &c..  uniler  laws  relating  to 

International  regulations  for  aroidinf/  collisions 

Inventories — 

Of  ship's  i)apers  to  be  made  by  commanding  officer 
taking  prize  .   

To  be  sent  into  court - 

When  prize  property  is  taken  for  use  of  United  States, 

how  made 

Invoices: 

Consular  officers  not  required  to  certify,  unless 

If  goods  shipped  from  countries  adjacent  to  United 
States  have  passed  a  consulate  after  purchase,  cer- 
tificate to,  shall  be  refused 

Exacting  excessive  fees  for  verification  of,  penalty  — 


2999 
3064 
3070 

3100 


5314 

236 

5315 

236 

5316 

237 

5317 

237 

5319 

237 

5320 

237 

5321 

23a 

5322 
ActMarch3,'85 

238 
126 

4615 
4615 

247 

247 

4624 

248 

1715 

222 

1     1717-2861 
1716 

222-356 
222 

380 
392 
393 

398 


4(500 

194 

5322 

238 

5301 

233 

5302 

234 

5303 

234 

5304 

234 

5305 

234 

5306 

234 

5307 

5308 

5309-5311 

235 
235 
235 

5312 

236 

476 


INDEX. 


Subject. 


Section  E.  S.  or 
act  Congress. 


Page. 


Invoices — Continued. 

Of  goods  shipped  from  British  North  America,  consular 

fee  for  certi  fy  ing  ..." 

riginal,  to  be  produced  to  collectors,  &c.,  and  by  what 
officers  to  be  signed .' 

When  entry  imperfect  for  want  of 

What  weights  and  measures  used  in 

Of  merchandise  subjtct  to  ad  valorem  duty,  how  made 
out ". 

Of  merchandise  to  be  according  to  actual  cost 

When  incorrect,  collectors  of  customs  what  to  do , 

Oaths  of  owners,  &c. ,  to  accompany 

Bond  for  production  of,  how  veritied 

Of  merchandise  of  non  -residents,  how  verified 

Not  acqu  ired  by  purchase,  «fcc 

Oath  to,  in  customs  cases,  when  made  by  executors,  ad- 
ministrators, and  assignees 1 

When  merchandise  not  accompanied  with,  admitted  to 
entry 

Bond  to  be  given  for  production  of,  in  certain  cases  of 
entry  without , 

Of  merchandise  manufactured  by  one  of  owners  re- 
siding abroad,  how  verified  ..." 

Eti'ect  of  omission  of  verification  of,  by  non-resident... 

Fees  for  verification  of,  and  what  articles  included  in  . 

When  merchandise  admitted  npon,  collector  to  certify, 
evidence 

How  njade  and  by  whom  signed > 

When  to  be  produced  to  consul,  declaration  indorsed 
on,  by  whom  signed  and  what  to  contain 

Indorsement  on,  by  consuls,  «fcc.,  what  to  contain  ;  de- 
livery, filing,  and  transmission  of 

Of  goods  from  countries  adjacent  to  United  States  may 
be  sworn  to  befoi-e  consular  officer  nearest  the  port 
of  clearance 

Change  of  destination  after  production  of,  and  non- 
receipt  of  triplicate  at  port  of  arrival,  entry,  how 
made 

When  impracticable  from  accident,  &c.,  to  produce  at 
time  of  entry    

When  triplicate  not  requited  to  be  produced .. 

How  goods  admitted  to  entry  without 

Consular  officers  may  exact  proof  of 

To  report  fraudulent  verifications  of 

Entry  of  merchandise  on  false,  &c.,  how  punished 

Attempting  to  pass  false,  forged,  &,g 

When  tare  on  imports  may  be  estimated  according  to.. 

Duties  not  to  be  assessed  on  value  less  than  that  stated 
in 

Who  to  designate  on,  number  of  imported  packages  to 
be  opened,  examined,  &c. ;  articles  not  sjjecified  in, 
when  forfeited,  remissions 

Charges  incurred  in  purchase  of,  how  distributed  in 
appraisal,  &c 

Of  imports  of  same  material  at  an  average  price,  du- 
ties how  assessed  on 

Officers  of  customs  may  require  production  of,  in  ex- 
aminations   

In  absence  of  imported  goods  deposited  in  public 
warehouse 

Of  imports  entered  with  right  of  drawback,  deposited 
with  collector,  how  preserved,  &c 

Inspection  and  comparison  with,  forfeiture 

Copy  from,  of  cost,  &c.,  of  goods  subject  to  ad  va- 
lorem duty  transported;  variance  from,  forfeiture... 


1721 

2785 
2789 
2837 

2838-2854 
2839 
2840 
2841 
2842 
2843 
2845 

2846  I 

2847 
I 

2848  [ 

2849  I 

2850  i 
2851 

2852 
2853 

2854 

2855 


2857 

2858 
2859 
2860 
2862 
2862 
2864 
2865 
2898 

2900 


351-355 
351 
351 
351 
353 
353 
354 


2901 

365 

2907 

367 

2910 

367 

2922 

368 

2963 

375 

3032 
3033 

386 
386 

3034 

386 

INDEX 


477 


Subject. 

Section  R.  S.  or 
act  Congress. 

Page. 

iwroicfs— Continued. 

Secretary  of  the  Treasury  to  make  rules  concerning 

3103 

399 

Consul,  &c.,  knowingly  and  falsely  certifying  to,  pen- 
alty                                 

5442             241 

Canceling  or  destroying,  after  inspection  demanded,  or 

5443             241 

loua  River  north  of  Wapello  not  deemed  navigable 

Ijmcich,  Mass. ,  port  of  delivery 

J. 

James  River - 

.'S248 
2.527 

2835 

151 

298 

350 

Jefftrsovville,  Irid.: 

Port  of  delivery  in  district  of  New  Orleans ' 

Surveyor  to  reside  at,  duties  of 

Merchandise  imported  into  Louisville  for,  where  and 

how  landed,  «fcc 

Jersey  Cittj,  N.  J.: 

Port  of  entry  and  delivery 

Assistant  collector  in,  how  to  act 

Powers  and  duties  of 

Enrollment  and  license  of  vessels  at 

Judgmenis  in  customs  cases,  what  to  recite  and  how  pay- 
able, execution  on,  to  set  forth  what 

Jurisdiciioii — 

Of  (liplouiatic  and  consular  officers  in  certain  countries. 

No  light-house,  beacon,  pier,  or  laud-mark  to  be  built 
on  site  until  cession  of,  to  United  States 

When  cession  deemed  suflicient 


Kana<jaua,  consul  at,  salary  of 

Kansas  Cittj,  Mo.: 

Port  of  delivery  in  district  of  New  Orleans 

Surveyor  to  reside  at,  duties  of 

Keepers — 

Of  life-saving  stations  ou  coasts  of  Long  Island  and 
New  Jersey 

Compensation  of ■ 

Kennehunk,  Me.: 

Collection  district  and  port  of  entry 

Collector  in,  to  reside  at 

Kenosha,   His.: 

Port  of  delivery 

Deputy  collector  to  reside  at - 

Keokuk,  Iowa: 

Port  of  delivery  in  district  of  New  Orleans 

Surveyor  to  reside  at,  duties  of 

KiUinfjsworth,  Conn.,  port  of  delivery 

Kinderhook,  X.  Y. ,  port  of  delivery 

Kingston,  Mass.,  port  of  delivtiy 

Kin(jston,  Canada,  consul  at,  salary  of 

Kingston,  Jamaica,  consul  at,  salary  of 

Kittery,  Me.:  , 

Piirt  of  delivery 

Goods  for,  may  be  entered,  &.C.,  at  Portsmouth,  N.  H., 
or  York,  Me 


2568 
2569 

311 
312 

2967 

376 

2535 
2536 
2536 
4340 

302 

303 

303 

49 

3014 

383 

4111-4130 

216-217 

4661 
4662 

146 
146 

218 


L.. 


La  Crosse,  Wis. : 

Port  of  delivery  in  district  of  New  Orleans. 
Surveyor  to  reside  at,  duties  of 


2568 

311 

2569 

312 

4243 

133 

4243 

133 

2517 

296 

2518 

297 

2597 

317 

2598 

317 

2568 

311 

2569 

312 

2533 

301 

2535 

302 

2527 

298 

1690 

218 

1690 

218 

2r)22 
2524 


2568 
2569 


298 


311 
312 


478 


INDEX. 


Subject. 

Section  E.  S.  or 
act  Congress. 

Page. 

Ladimi— 

Of  merchandise   notified   for  exportation,    how   per- 

3035 
3129 
1690 
1690 

3128 

4208 

4513 

3055 

2568 
2569 

2572 
2573 

2541 
2542 

3121 

2460 
2461 
2462 
2462 
2463-4205 
2463 
1690 
1690 

2578 
2579 

3003 

2568 
2569 

1690 
1(590 
4569 
4570 
Act  June  23.  '74 

386 

Provisious  concerning,  of  vessels  from  British  provinces. 
Laquai/ra,  consul  at,  salary  of 

404 

218 

Lahaina,  consul  at,  salary  of 

218 

Lake  CliampJain  : 

Imports  from  Canada,   in  steamboats  on,   when  and 

404 

Clearance  of  steamboats  on,  going  to  province  of  Que- 
bec   

30 

Lalce-going  vessels,  provisions  as  to  shipping  articles  not  to 
apply  to 

174 

Lake  Poiitchartrain,  provisions  concerning  drawback  on  im- 
ports ex])orted  from .' 

390 

Lakeport,  La.  : 

Port  of  delivery  in  district  of  New  Orleans 

311 

Surveyor  to  reside  at,  duties  of     

312 

Vessels  bound  for,  may  unlade  at,  after  making  report, 
&c 

313 

Bound  from  to  foreign  ports,  how  cleared 

313 

Lamherton,  N.  J. : 

Port  of  delivery 

304 

305 

iawdixfir  of  passengers,  cargo,  «&c.,  from  foreign  vessel,  per- 
mit to  be  obtained 

403 

Lands,  puhlic : 

112 

Cutting  or  destroying,  &c.,  timber  on,  penalty 

Vessel  always  carrying  away  such  timber,  forfeited 

112 
113 
113 

Clearance  of  vessels  laden  with,  from  certain  ports.... 
Depredations  on,  how  prosecuted 

113-30 
113 

218 

La  EocheUe,  consul  at,  salary  of 

218 

Lavaca,  Texs. : 

Port  of  delivery 

313 

Surveyor  to  reside  at 

314 

What  imported  merchandise  may  be  withdrawn,  &c., 

for  exportation  to  Mexico.  «fec.,  through  port  of 

Leavenworth,  Kans.  : 

Port  of  delivery  in  district  of  New  Orleans 

381 
311 

312 

Legations.     (See  Diplomatic  officers.) 

218 

Leipsic,  consul  at,  salary*  of 

.     218 

Lemon-juice  shall  be  served  on  merchant  vessels 

186 

187 

Letters  on  vessels'  stern 

24 

Letters  shall  be  delivered  at  post-office  before  entry  of  ves- 
sel is  made;  oath,  penalty 

Illegally  carried,  may  be  seized 

Disposal  of,  when  seized  may  be  conveyed  by  private 
hands  without  compensation 

In  stamped  envelopes,  may  be  sent  otherwise  than  by 
mail 

May  be  separated  from  other  mail  for  expedition 

For  United  States  held  for  postage  in  foreign  countries, 

consuls  may  pay  for 

Liability  of  ship-owners 

Liability  of  ship-owners  limited 


License  or  permit,  special,  to  unlade  steamships  at  night.. 

To  carry  gunpowder  on  steam  passenger  vessels,  when 

granted 


3988 
3990,  3991 

3992 

3993 


4014 
Act  June  26,  '84 
{  Act  June  19, 
)      '86,  sec.  4. 

2871 

4422 


82 
358 

93 


INDEX. 


479 


Subject. 


License  to  trade.     (See  Insurrection.) 

Licensed  officers  of  steam-vessels.     (See  Inspection  of  steam- 

resseh.) 
Licensed  vessels.     (See  Vessels.) 
Lien  : 

By  bottomry,  not  impaired  by  requirement  to  record 

conveyances 

On  vessels,  for  penalties  for  violating  passenger  laws.. 
On  steam  vessels,  for  penalties  for  carrying  unlawful 

number,  or  failing  to  keep  list  of  passengers 

For  wages  of  seamen  not  to  be  forfeitable  except 

Upon  vessels  condemned  under  laws  relating  to  in- 
surrection, bow  satisfied,  ifcc 

Life-saving  apparatus,  boats,  and  preservers.     (See  Inspection 

of  steam-vessels.) 
Life-savinq  stations : 

Establisbment  of,  on  coasts  of  Long  Island  and  New 

Jersey 

Api>oinlment  of  keepers  for  each,  &c 

Of  superintendents  for,  &c.,  employment  of  crows  of 

surfmen  at 

At  light-bouses,  when 

Light-keepers  to  have  charge  of,  &c 

Purcdiase  and  location  of  boats  for 

Appointment  of  keepers  for,  on  coasts  of  Cape  Cod  and 

Block  Island 

Supervision  of,  at  Narragansett  Pier  and  Block  Islaud. 
Establishment  of,  on  coasts  of  Maine,  New  Hampshire, 

Massachusetts,  Virginia,  and  North  Carolina 

Life-Saving  Service — 

Organi  zed 

Wrecks 

Lighters  and  boats  not  masted,  or,  if  masted,  not  decked, 

employed  in  harbors  not  subject  to  Title  L 

Light  House  Board,  provisions  relating  to 

Light-houses : 

Life-saving  stations  may  be  established  at 

Keepers  of,  to  take  charge  of  boats,  »&c 

Provisions  relating  to 

Light-money : 

On  what  vessels  to  be  levied 

How  levied  and  collected 

Exemption  of  certain  vessels  from 

Oath  by  owner  or  master 

Light-ships  : 

Preliminary  surveys - 

Materials  for  construction  or  reitair  of 

When  light-houses  on  pile  foundations  may  be  substi- 
tuted for;  from  what  appropriation,  &c 

Power  of  Light-House  Board  to  place,  over  wreck  or 

temporary  obstruction 

Lights — 

To  be  carried  by  vessels  between  sunset  and  sunrise. .. 

Non-exhibition  of,  by  vessels  of  war 

Holding  out  false  or  extinguishing  true,  with  intent 

to  endanger  vessel 

For  row  boats  on  the  St.  Lawrence 


Lime  juice — 

Shall  be  served  on  merchant  vessels. 

Penalty  for  neglect  to  serve 

Limited  liabilitfi 


Section  R.  S.  or 
act  Congress. 


4192 
4270 


Page. 


4469  83 

4535  i: 

5322 


238 


4242 
4243 

4243,  4244 
4245 
4245 
4246 

133 
133 
133 
133 
133 
133 
133 

4247 
4248 

133 
133 

4249 

133 

Act  Jane  18,  '78 
Act  May  4, '82 

137 
140 

4385 
4653-4680 

61 
145-148 

4245 
4245 

4658-4680 

133 

133 

145-148 

4225 
4225 
4226 
4226 

36 
36 
36 
36 

4663 
4666 

146 
146 

4668 

147 

4676 

147 

4233 
4233 

123 
123 

Act  June 
sec.  16 

5358 
19, '86, 

239 
132 

4569 

4570 

Act  June  19,'86, 

186 

187 
82 

sec.  4. 

Liquors : 

Customs  duties  on,  and  wines  imported 


2503 


257 


480 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Cougress. 


Liquors — Coutinued. 

Forfeiture  of  certain,  entered  as  wines 

Additional  duty  on  importations  in  bottles,  &c 

Brandy,  standard  for  proving,  &c 

Imported  in  casks  of  less  than  14  gallons  forfeited 

Lisbon,  consul  at,  salary  of • 

List  of  2)assengers — 

To  be  furnished  collector  by  master  of  vessel  arriving 

from  foreign  port 

■  To  be  transmitted  by  collector,  quarterly,  to  Secretary 

of  State '. 

Of  steam-vessels 

Penalty  for  failure  to  keep 

Liverpool;  cousul  at,  salary  of 

LlewcUenshurgh,  Md.: 

Port  of  delivery 

Surveyor  to  reside  at 

Loclcrs : 

Cargo  carried  on  deck  or  in  cabins  of  passenger  vessels 

to  be  in,  vfcc 

Space  occupied  by,  not  allowed  as  passenger  space  ... 

Measurement  of 

Locks  and  seals: 

Removing  or  aiding  to  remove,  penalty  for 

On  packages  separate  from  cargo,  penaly  for  breaking. | 
Secured  by  inspector  on  board  vessel,  liability  of  master  | 

for  breaking,  «fec 

On  vessels  and  cars,  to  avoid  inspection  at  first  port  of 

arrival,  &c 

Who  to  regulate,  &c 

Breaking,  opening,  &c.,  attached  to  imports,  how  pun- 
ished  

Forfeiture  of  vessel,  package,  &c.,  from  which  removed. 
Log-books : 

What  vessels  to  carry 

What  entries  to  be  made  in 

Manner  and  tijne  of  making  entries  in 

Penalty  for  omitting  to  make  entries  in,  &c 

Entries  to  be  made  in,  respecting  deceased  seamen 

Master  may  be  required  to  produce,  in  suit  for  wages.. 
Deductions  from  seamen's  wages  to  be  entered  on  ..... . 

Shipping  commissioners  may  require  production  of,  in 

proceedings  relating  to  wages,  &.c 

Statement  of  examination  of  provisions,  &c.,  to  be  en- 
tered in 

Entry  of  offenses,  &c.,  to  be  made  in,  copy,  &c.,  to  of- 
fender   

London,  consul-general  at,  salary  of 

Long  Island  : 

Establishment  of  life-saving  stations  on  coast  of 

Appointment  of  keepers  for 

Employment  of  crews  of  snrfmen  at 

Privilege   of    coasting-vessels    trading   between,    and 

Rhode  Island 

Longitude  fixed  by  yu  established  meridian 

Louisville,  Ky.  : 

Port  of  delivery  in  district  of  New  Orleans.. 

Surveyor  and  appraiser  to  reside  at,  duties  of 

Weighers,  gangers,  measurers,  and  inspectors  for 

Merchandise  imported  into  port  of,  for  Jefiersonville, 

where  and  how  landed,  &c 

Inspectors  of  hulls  and  boilers  for 

Their  salaries 

Low-water  gauges — 

Of  boilers  of  steam-vessels,  inspection  of 


Page. 


2503 
2503 
2503 
2503 
1690 


4467 

4468 
1690 

2548 
2549 


4254 
4254 
4254 


3102 
3103 

3105 
3106 

4290 
4290 
4291 
4292 
4538 
4547 
4550 

4555 

.   4565 

4597 
1690 

4242 
4243 
4244 

4357 
Act  Aug.  3,  '82 

2568 
2569 
2606 

2967 
4414 
4414 

4418 


INDEX. 


481 


Subject. 


Section  K.  S.  or 
act  Congress. 


Page. 


LoH-irater  gauges — Continued 
Penalty  for  obstructing  . 
Lywe,  Conn.,  port  of  delivery 
Lynn,  Mass.,  port  of  delivery 
Lijons,  consul  at,  salary  of... 


4437 
253.5 
2527  i 
1690  i 


96 
301 


218 


Machias,  Me.  : 

Collection  district  and  port  of  entry 

Collector  in,  to  reside  at 

Mackenl  Jisherj/ : 

Form  of  license  to  carry  on 

Vessels  engaged  in,  may  catch  cod  or  other  fish,  &c  . .. 

Agreement  for  shares  svith  tishermen  engaged  in 

Penalty  for  violation  by  tishermen 

Recovery  of  shares  nudei' 

Vessels  liable  for -. 

Discharge  of  vessel  on  bond 

Mackinaw,  ^[ich.  : 

Port  of  delivery 

Deputy  collector  to  reside  at 

Madagascar,  judicial  authority  of  United  States  minister 

and  consuls  in 

Madison,  Ind. : 

Port  of  delivery  in  district  of  New  Orleans 

Surveyor  to  reside  at,  duties  of 

Magnolia,  Fla..  port  of  delivery 

Make,  Seychelles,  consul  at,  salarv  of 

Mail- 
To  be  conveyed  by  certain  vessels  going  to  or  coming 
from  foreign  port 

To  be  promptly  delivered  on  arrival 

Compensation  for  carrying 

Mail  agents  on  certain  steamers  authorized 

Mail  mailer — 

Shall  be  received  by  route  agents,  &c.,  when  prepaid.. 

Letters  may  be  separated  from  other  mail  for  expedi- 
tion   

Mail  steamers,  agents  in  charge  ol   mail  on  certain,  author- 
ized   

Mail  transportation.     (See  Carrying  inail.) 

Mail  service 

Malfeasance,  by  persons  named  in  Title  Regulation  of  Ves- 
sels in  Domestic  Commerce ;  i>enalty 

Malta,  cousul  at,  salary  of 

Managing  owner  of  vessels,  to  give  bond  for  registry,  when. 

Manchester,  England,  cousul  at,  salary  of 

Manchester,  Mass.,  port  of  delivery 

Manchester,  Va.,  port  of  entry  to  extend  from  Richmond 

and,  to  Bermuda  Hundred,  Va 

Manifests — 

Of  vessels  bound  for  Portland,  Oreg.,  copies  of,  where 
deposited 

Clearing  from 

Masters  of  vessels  failing  in  duty ;  ])enalty 

Blank,  to  be  kept  for  sale  by  certain  collectors  of  cus- 
toms   -  — 

Of  merchandise  for  re-exportation,  when  to  be  deliv- 
ered to  collector 

Of  vessels  departing  for  other  districts  with  foreign 
goods,  copies  of,  to  be  given  to  master 

Not  required  of  ferry-boats 

To  specify  sea-stores 

H.  Mis.  291 31 


2517 
2518 

4321 
4377 
4391 
4392 
4393 
4393 
4394 

2599 
2600 


296 
297 

46 

58 
61 
61 
62 
62 
62 

317 
318 


4111-4120  215,216 


2568 
2569 
2562 
1690 


4203 
4203 
4203 
4022 

3980 

3994 

4022 

Act  June  26, '84 

4374 
1690 
4145 
1690 
2527 


2552 


311 
312 
329 
218 


30 
30 
30 
120 

117 

118 

120 

121 

58 

218 

8 

218 

298 

307 


2588 
2589 
2.589 

316 
316 
316 

2648 

326 

2776 

340 

2780  , 
2792 
2795  i 

341 
342 

343 

482 


INDEX. 


Suliject, 


Section  E.  S.  or 
act  Congress. 


Page. 


Man  [fests — Con  ti  nued. 

When  excess  of  sea-stores  appears  by,  duties  to  be  col- 
lected   

Forfeiture  of  sea-stores  not  included  in 

^o  merchandise  to  be  brought  into  United  States  in 
vessel  without 

"What  to  contain 

Sr'ackages  destined  to  different  districts,  and  spirits  and 
wines  ;  how  to  be  inserted  in 

Merchandise  not  inclirded  in  forfeiture  and  penalty  --  - 

When  lost  or  mislaid  without  fraud,  &c.,  no  forfeit- 
ures  

-Master  of  vessel  to  produce  and  deliver  copies  of,  to 
boarding  officer - 

Production  of,  on  arrival ;  duty  of  boarding  officer 

How  many  copies  of,  to  be  delivered  to  boarding  officer. 

Masters  failing  to  produce,  »fcc.,  and  customs  officers 
neglecting  to  certify,  penalty 

Of  goods  for  interior  ports 

Penalty  for  not  producing 

3!)elivery  of  to  surveyor  of  interior  port ;  oath  of  mas- 
ter ;  penalty  for  neglect,  &c 

'Cargoes  to  be  compared  with,  when  indorsement  to  be 
made  on 

Of  cargoes  of  vessels  bound  for  Connecticut  and  Bur- 
lington, N.  J  

Of  vessels  arriving  within  district  of  Petersburgh  or 
Richmond,  Va 

'JVIerchaudise  not  agreeing  with,  penalty 

Seturus  of  delivery  of  goods  to  bo  compared  witb 

■JGroods  imported  into  northern,  Slc,  frontier  districts, 
to  be  accompanied  by,  &c 

When  and  to  whom  delivered,  verification  of 

liefusal,  &c.,  to  deliver,  forfeiture  and  penalty 

■Secretary  of  Treasury  to  regulate,  of  sealed  cars,  ve- 
hicles, &c 

Of  vessels  in  foreign  and  coasting-trade  on  northern, 
&c. ,  frontiers 

ILading  or  unlading  of  goods  to  be  entered  on 

"When  going  to  place  where  no  custom-house  

When  coming  from  such  place 

Form  of,  &c.,  prescribed  by  Secretary  of  Treasury 

Of  registered  vessels  in  combined  foreign  and  coasting- 
trade 

Of  vessels  for  foreign  ports,  to  be  delivered  to  collec- 
tors before  clearances 

<Of  owners,  shippers,  or  consignors  of  cargo 

Of  steamboat  going  from  Lake  Champlain  to  Province 
of  Quebec 

JFor  vessels  in  coasting  trade,  to  be  signed  by  naval 
officer,  when 

."Surveyors  certifying  or  receiving  certified,  to  make 
monthly  return  to  collector 

«Df  vessels  departing  for  neighboring  districts,  carry- 
ing distilled  spirits,  sugars,  or  foreign  merchandise.. 

S'eiialty  for  proceeding  without 

3)elivery  of,  on  arrival,  befoi'e  unlading 

SPeualty  for  not  delivering 

Of  vcHseis  departing  for  remote  districts,  what  to 
specify  

Penalty  for  proceeding  without,  if  having  on  board 
distilled  spirits  or  foreign  merchandise 

If  carrying  no  cargo 

Delivery  of,  by  vessel  arriving  from  remote  district 
l>efore  unlading 


2796 
2797 

343 
343 

2806 

2807 

345 
345 

2808 
2809 

345 
345 

2810 

345 

2811 
2812 
2813 

346 
346 
346 

2814 

2827 

346 
349 

2834 


2836 

2837 


3097 
3098 


tJ103 

3116 
3117 
3118 
3122 
3124 

3126 

4197 
4200 

4208 

4332 

4332 

4349 
4350 
4351 
4352 

4353 

4354 
4354 

4355 


INDEX. 


483 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


Manifests— Coathmed. 

Penalty  for  not  delivering,  &c 

Exemjition  of  vessels  of  less  than  20  tons  from  above 
requirements 

What,  carried  by  such  vessels 

When  to  be  exhibited - 

Penalty  for  not  exhibiting,  &.c 

For  registered  vessels  carrying  foreign  merchandise 
from  one  district  to  another 

Of  foreign  vessels  bound  coastwise 

Delivery  of,  on  arrival 

Penalty  for  not  delivering,  &c 

Of  vessels  entering  insurrectionary   district,  destina- 
tion may  be  changed  in,  &c.,  by  master 

Maranham,  consul  at,  salary  of 

Marblcheud,  Mass.  : 

Collection  district  and  port  of  entry 

Collector  to  reside  at 

Marine  hospitals.     (See  Hospitals,  marine.) 

Marine  Hospital  Service 


4356 


Marine  hospital  at  Memphis,  Tenn  < 

Mariner.     (See  Seamen.) 
Marquette,  Mich.: 

Port  of  entry 

Collector  to  reside  at 

Marseilles,  consul  at,  salary  ot 

Marsh  field,  .Mass.,  port  of  delivery 

Maryland  : 

Collection  districts,  ports  of  entry  and  delivery  in 

Officers  in 

Massachitsetts : 

Collection  districts,  ports  of  entry  and  delivery  in 

Officers  in 

Establishment  of  life-saving  stations  on  coast  of 

"Master": 

Who  to  be  included  under  name  of,  as  used  in  Title  Col- 
lection of  Duties 

Who  deemed  to  be,  in  construction  of  Title  Merchant 

Seamen 

Masters  : 

Licensed,  of  steam-vessels.     (See  Inspection  of  steam- 
vessels.  ) 

Shall  pay  consular  fees,  liability  for ;  papers  may  oe 
withheld  until  paid 

Penalty  for  carrying  away  live-oak  or  red-cedar  tim- 
ber on  lands  reserved  by  United  States 

In  combined  foreign  and  coasting  trade 

Oath  of,  as  to  letters,  &c 

Of  registered  vessel,  oath  by,  to  obtain  register 

Penalty  on,  for  false  oath 

To  give  bond  for  registry 

Oath  of,  as  to  citizenship -- - 

Penalty  on,  for  failure  to  surrender  old  certificate  of 
register  where  new  has  been  issued 

Oath  of,  as  to  loss  of  certificate 

Delivery  of  certificate  by,  and  cancellation  of  bond 

Change  of,  to  be  indorsed  on  documents 

Of  recorded  vessels  to  countersign  certificate  of  meas- 
urement   

Certificate  of  record  to  be  granted  to 

Change  of,  to  be  indorsed  on 

To  produce,  on  entry 

Etfect  of  failure  to  produce 

To  pay  surveyor's  fees  for  measurement,  «fec. 


1718 

2462 
3126 
3987,  3988 
4144 
4144 
4145 
4156 

4162 

4167 

4174 

4171,4183,4335 

4181 
4182 
4183 
4184 
4184 
4186 


54 


4359 
4359 
4359 
4360 

55 
55 

5o 

4361 
4367 
4368 
4369 

55 
57 
57 
5 

5315 

236 

1690 

218 

2527 
2529 

298 
300 

Act  Mar.  3,  '75 
Act  May  3,  '80 
Act  Mar.  9,  '82 

168 
168 
168 

2599 
260  J 
1690 
2527 

317 
318 
218 

298 

2548 
2549 

306 
306 

2.^)27 
2529 
4249 

298 
300 
133 

2768 

339 

4612 

197 

113 
404 
117 

8 
8 
8 
13 

15 

16 

17 

, 20, 61 

19 
19 
20 
20 
20 
20 


484 


INDEX. 


Subject. 

Section  R.  S.  or 
act  Congress. 

Page. 

Masters — Continued. 

Of  vessel  departing  for  foreign  port  to  deliver  to  col- 

4197 
4197 
4198 
4199 
4-200 

4-208 

4209 
4209 
4-209 
4210 

4212 
4212 

4213 

4226 

4241 

4252 
4253 
4255 

4259 
4-261 

4262 

4263 

4263 
4-266 

4268 
4-269 
4269 

4276 
4277 
4-277 

4281 
4-287 
4-291 
4292 

4306 
4307 

4309 
4310 

4312 
4320 
43-20 

4323 
4323 
4323 

28 

Peuiltv  on    for  departing  without  clearance 

28 

Form  of  oath  of,  to  obtain  clearance  ...j 

Form  of  report  and  manifest  to  Ije  delivered  by 

28 
29 
29 

Of  steamboat  going  from  Lake  Champlain  to  Province 
of  Quebec,  to  deliver  manifest  and  obtain  clearance 

nt  Inst  nort. 

30 

Of  foreign  vessel  to  produce  to  collector  register  and 
papers  on  entry . -»-- 

31 

To  deposit  such  papers  with  his  consul   «fec              

31 

Penalty  for  failure                           -■ 

31 

31 

Of  vessel  of  United  States,  oath  by,  as  to  delivery  of 
mails  on  entry                                                - 

31 

31 

To  furnish  collector  copy  of  receipts  for  fees  paid  con- 
suls abroad            -                        .     ......... 

31 

,  Oath  to  ownership  of  unregistered  vessel  carrying  sea- 

36 

Not  to  be  employed  in  wrecking  ou  Florida  coast  with- 

132 

Of  vessel  from  foreign  port  to  United  States,  number 
of  passeno'ers  allowable                      .         - -. - 

65 

65 

For  violation  of  re^'ulations  as  to  berths       .   . 

66 

For  failing  to  provide  deck-houses,  ventilators,  and 

67 

For  furnishing  short  allowance  of  provisions ;  of  water 
For  failure  to  have  provisions  properly  cooked  and 

68 

68 

To  maintain  discipline  and  cleanliness  among  passen- 

68 

To  keep  apartments  occupied  by  passengers  in  clean 
and  healthy  condition                                             . 

68 

To  furnish  collectors  with  list  of  passengers  on  arrival. 

Payment  to  collector  on  account  of  passengers  dying 

on  voyao'e                                          ....           .     . . 

69 

69 

69 

69 

Penalty  ou,  for  permitting  ofiQcer  or  seaman  to  visit 

70 

To  post  notice  forbidding  such  visiting 

71 

71 

Not  liable  as  carriers  of  gold,  bullion,  and  valuable 

71 

Kemedies  against,  for  embezzlement,  loss,  or  neglect.. . 

81 
207 

Penalty  for  omittin"'  to  makeeutries         ..           . .. 

208 

Of  vessel  in  foreign  commerce,  bond  to  be  given  by, 

43 

Penalty  upon   for  departing'  without  passport.. 

43 

To  deposit  papers  with  consul,  «fec.,  ou  arrival  at  for- 

43 

44 

Of  enrolled  and  licensed  vessels,  subject  to  provisions 

44 

Bond  ot^to  obtain  license  for  coasting  trade  or  fisheries. 
Oath  of  to  obtain  license                                     .       .. 

45 
45 

May  obtain  exchange  of  registry  for  enrollment  or  li- 

46 

46 

Penalty  for  neglecting  to  deliver  up,  &c 

46 

INDEX. 


485 


Subject. 


Masters — Cou  tinned. 

Penalty  for  failing  to  surrender  expired  license. 

Oath  as  to  foreign  repairs,  to  obtain  enrollment,  &c.. 

Penalty  for  false  oath 

Penalty  for  failure  to  report  change  of 

For  refusing  to  exhibit  enrollment  or  license 

To  deliver  certificate  received  in  another  district  to 

collector  in  home  port • 

Trading  between  neighboring  districts,  to  make  out 

and  subscribe  manifests,  &c 

Penalty  for  departing  without  manifests,  &c 

To  deliver  manifests  before  unloading,  &c j 

Oath  as  t>>  manifest 

Penalty  for  nor  delivering,  &c 

Trading  between  remote  districts,  to  make  out  and  sub- 
scribe manifest,  &c 

Penalty  f^r  proceeding  without  manifest 

Under  twenty  tuus,  manifests  of 

Penaltv  for  n<t  exhibiting 

Of  tisliing  vessels  touching  at  foreign  port,  to  deliver 

manifest  and  make  entry 

Ee])ori.  by,  on  arrival  at  port  other  than  destination.. . 

Penalty  for  refusing,  &c 

Of  foreign  vessel  bound  coastwise,  manifest  and  per- 
mit bef.ne  «n parting 

Delivt-ry  of  manifest  and  permit  on  arrival  beibre  un- 
lading   

Penalty  for  falling,  &c 

Oath  of,  as  to  expiration  of  license  of  vessel  at  sea 

Fee  for  indorsing  change  of,  on  registry 

In  domes!  ic  co  ■  merce,  fees  to  be  paid  by 

When  may  perform  duties  of  shipping  commissioners.. 

How  may'procure,  &.c.,  apprentices .  l 

Shall  produce  to  commissioners  indentures  of  appren- 
tices    ■ 

Shall  make,  &c.,  shipping  articles 

Rules  to  govern  them  in  making,  &c.,  articles 

Certain,  excepted  from  requirements  as  to  shipping  ar- 
ticles, &c 

Penalty  for  carrying  seamen  without  articles 

For  accepting  seamen  illegally  shipped 

How,  may  replace  deserters 

How,  may  ship  seamen  to  foreign  ports 

PtMialty  for  illegally  shipping 

Shall  post  copy  of  shipping  articles  in  ship;  penalty  .. 
In  coasting  trade,  manner  of  shipping  seamen,  form  of 

articles 

In  coasting  trade,  penalty  for  illegally  shipping  sea- 

m-  n 

How,  may  recover  penalty  for  failure  of  seamen  to  be- 
gin voyage  

When  to  make  i)ayment  of  wages  to  seamen 

Payment  of  wages  by,  at  intermediate  ports 

Shall  take  charge  of  efliects,  &c.,  •.)f  deceased  seamt'ii.. 

Rules  in  regard  to  proceedings 

Penal t,y  for  fai lure  to  take  charge 

Proceedings  when  seamen  die  in  United  States. 

Non-payment  of  seamen's  wagts,  summons  of,  for 

To  show  cause,  &c.,  in  case  of 

Penalty  for  illegal  discharge  of  seamen    I 

Discharge  of  seamen,  shall  render  accouut  of  wages  on. I 

Shall  give  certificate - I 

Rules  to  be  observed  by j 

Shall  give  certificate  of  character,  unless j 

>Que8tions  between  crew,  and  how  heard,  »5cc | 


Section  R.  S.  or 

Page. 

act  Congress. 

4325 

47 

4330 

48 

4330 

48 

4335 

48 

4336 

49 

4338 

49 

4.349 

52 

43.50 

52 

4351 

52 

4351 

52 

4.352 

53 

4353 

53 

4354 

54 

4359 

55 

43'. 0 

55 

4364 

56 

4366 

57 

4366 

57 

4367 

57 

4:WH 

57 

4369 

57 

4372 

58 

4382 

59 

43-2 

59 

4504 

172 

4509 

173 

4510 

173 

4511 

173 

4512 

174 

4513 

174 

4514 

174 

4515 

174 

4516 

174 

4517 

175 

45!H 

175 

4519 

175 

4520 
4521 


175 


4522 

175 

4.529 

177 

4.530 

177 

453- 

178 

45:<',t 

178 

4540 

179 

4.542 

179 

4.546 

l^0 

4546 

1-0 

4549 

181 

45.50 

181 

4551 

182 

4.5.52 

182 

4553 

182 

4  54 

183 

486 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


Jlfas/ers— Contiunetl. 

May  be  required  by  shipping  commissioners  to  pro- 
duce log-book,  &c 

On  complaint  of   unseaworthiness,  shall  have  vessel 

surveyed 

Shall  pay  costs  of  survey  ordered  by  judge,  &c 

Shall  pay  extra  wages  to  crew  on  discharge  on  account 

of  unseaworthiness,  &c > 

Shall  pay  cost  of  inspection  of  vessel  in  foreign  port, 

recovery 

Penalty  for  refusal  to  pay  extra  wages  and  charges  of 

inspection 

What  ])rovisions  to  be  provided  by 

Penalty  for  refusal  to  provide 

May  deduct  from  wages  of  crew  for  false  complaint  of 

]trovisions,  &c 

Shall  serve  anti-scorbutics,  «fec. ,  to  crew 

Penalty  for  failure  to  carry  medicines,  anti-scorbutics, 

&c * 

Shall  carry  proper  weights  and  measures 

Clothing  and  fuel  for  seamen 

Shall  deliver  crew-list  to  collector  of  customs.. .  ..... 

Shall  carry  certified  crew-list  and  shipping  articles; 

])enalty 

Shall  give  bond  for  return  of  seamen  to  United  States. 
Destitute  seamen,  shall  carry,  when  required  to  do  so; 

penalty 

Additional  allowance  to,  for  carrying 

When  to  pay  extra  wages  to  seamen 

On  sale  of  vessel —  . 

Shall  pay  to  collectors  hospital  dues  of  crew 

To  consular  oiiScer  hospital  dues  of  crew  of  vessel  sold 

abroad  

May  retain  hospital  dues  out  of  wages  of  crew 

Shall  protest  against  impressment  of  crew 

Penalty  for  neglect 

Shall  pay  shipping,  »S:c.,  fee,  how  reimbursed 

Punishment  of  seamen  for  damage  to,  by  smuggling  .. 

Shall  enter  offenses,  &c.,  in  log-book 

Punishment  of  seamen  absent  without  leave  of 

May  apprehend  deserters  without  warrant;  penalty  for 

illegal  apprehension 

Expenses  of,  in  apprehending,  to  be  paid  from  proceeds 

of  forfeited  clothing,  «fec 

Shall  be  reimbursed  for  part  of  cost  of  conviction  out 

of  wages 

May  arrest  unauthorized  persons  boarding  his  vessel  .. 
Penalty  for  removing  effects  of  seamen  without  per- 
mission of 

Shall  inform  seamen  of  penalty  for  carrying  sheath- 
knife  

Of  steamboat   or  vessel,  by  whose  misconduct,  &c., 

1  i  fe  is  destroyed,  how  punished 

Maliciously,  «&c.,  forcing   officer  or  mariner  on  shore, 

with  inteilt  to  leave,  &c.,  refusing  to  bring  home 

Matagorda,  Tex.: 

Port  of  delivery 

Surveyor  to  reside  at 

Maiamoras,  consul  at,  salary  of 

Matanzas,  consul  at,  salary  of 

Matches  (frlclion) : 

Restrictions  on  carriage  of,  by  steam  passenger  vessels. 

How  packed  and  marked  for  shipment 

Penalty  for  shipping,  contrary  to  law 


4555 


183 


4556 
4557 

183 
183 

45(51 

184 

4562 

185 

4563 
4564 
4565 

.   185 
185 
185 

4566 
4569 

185 
186 

4570 
4571 
4.572 
4573 

187 
187 
1H7 
187 

4575 
4576 

187 
188 

4578 
4579 
4580 
4582 
4585 

189 
189 
189 
182 
190 

4586 
4587 
4589 
4590 
4593 
4596 
4597 
4598 

190 
190 
191 
191 
192 
192 
193 
194 

4599 

194 

4604 

195 

4605 
4606 

195 
195 

4607 

196 

4608 

196 

9344 

238 

5363 

240 

2578 
2579 
1690 
1690 

313 
314 
218 
218 

4472 
4475 
4476 

83 

84 
84 

INDEX. 


487 


Subject. 


Afaterials,  stores,  and  supplies: 

Drawback  on 

Mates  of  steam- vessels.     (See  Inspection  of  sleam-ressels.) 
Mates  of  vessels — 

To  sigu  entries  in  log-book,  &c 

AVitb  majority  of  crew  maydeiuantl  inspection  of  ves- 
sel   

In  foreign  ports 

Mattapoisett  Harbor,  Massachusetts,  port  in  collection  dis- 
trict of  New  Bedford;  description  of  \ essels belong- 
ing to 

Mauritius,  consul  at,  salary  of 

Measurement — 

Of  registered  vessels,  to  be  made  by  surveyor  before 
register  issued - -  -  • 

New  measurement  not  necessary  to  obtain  new  regis- 
ter, unless,  &c 

Certificate  of,  wbat  to  specify  and  how  made 

What  to  express  and  how  ascertained 

Cabins  and  state-rooms  not  to  be  measured 

Certain  vessels  exempt  from 

Rules  for,  to  ascertain  registered  tounage 

To  ascertain  tonnage  not  otherwise  provided  for 

To  be  specified  in  certificate  of  registry  

New. certificate  of  registry  to  refer  to  former  certifi- 

Of  recorded  vessels,  collectors  shall  cause  to  be  made. . 

Certificate  of 

To  be  inserted  in  certificate  of  record 

Penalty  on  surveyor  giving  naval  officer  false 

For  enrollment  and  license,  same  requirements  as  for 
registry 

For  license  of  vessels  under  twenty  tons 

Fees  for.     (See  Fees.) 
Measurers  of  customs — 

For  certain  ports -.--.-- 

Extortion  by,  making  returns  without  weighing,  &c.; 
penalty 

When  and  how  to  make  returns  of  goods  measured 

Measuring: 

Imported  merchandise  not  to  be  removed  from  wharf 
before,  &c.  ;  forfeiture 

Of  imports,  when  at  expense  of  owner,  «fec 

Mcdford,  Mass.,  port  of  delivery 

Mediterranean  passport : 

Penalty  for  making  or  using  any  forged,  &c .------ 

Deposit  of,  with  consul  on  arrival  of  vessel  at  foreign 
port - 

Return  of,  by  consul  on  production  of  clearance 

Melbourne,  consul  at,  salary  of 

Mem2)his,  Tenn. : 

Port  of  delivery  in  district  of  New  Orleans 

Surveyor  and  appraiser  at,  duties  of 

Weighers,  gangers,  measurers,  and  inspectors  for 

Inspectors  of  hulls  and  boilers  for 

Their  salaries 

Merchandise  (see  Transportation  of  merchandise) 

Mei-cliant  appraiser : 

When  collector  of  customs  to  appoint 

Penalty  for  not  acting  as 

Compensation  of -  - 

When  to  apjtraise  merchandise  remaining  iu   public 

store  beyond  one  year  preparatory  to  sale 

Merchant  seamen.     (See  Seamen. ) 
Merchant  vessels.     {See  Vessels.) 


Section  R.  S.  or 
act  Congress. 


Page. 


Act  June  26, '84 


4291 


4556 
4559 


2528 


4148 


2606, 2607 


2882 
2920 
2527 

4191 

4309 
4:W9 
1690 

2568 
2569 
260() 
4309 
4414 
2766 

•Jt)09 

2610,2945 

2725 

2973 


64 


207 


183: 

184 


300» 
218 


4148 

9> 

4149 

9> 

41.50 

9 

4151 

10 

4152 

10 

4153 

HO 

4154 

12 

4155 

la 

4156  i 

1$ 

4181  : 

I* 

4181 

19> 

4182 

l* 

4187 

21 

4312 

44i 

4331 

48'' 

319' 


36L 


21 

4S 

41$ 

218 

31  £ 
31S 
31» 
9(> 
9» 
33& 

319- 

.519-37X 

33& 

37T 


488 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Congress. 


Meridian,  fixing  a  common 

Messina,  consul  at,  salary  of 

Metals,  customs  duties  on 

Meteorological  observations : 

Duty  of  Secretary  of  War  to  provide  for,  at  military 

stations 

Metric  system — 

Of  weights  and  measures  legalized 

Equivalents  of 

Mexico  : 

Wbat  imported  mercliandise  may  be  -withdrawn  from 
warehouse  for  exportation  to,  routes 

Through  port  of  Lavaca,  Tex 

Through  port  of  Indianola,  Tex .." 

Imported  merchandise  for,  arriving  at  certain  ports, 
liow  entered  and  conveyed 

Certain   imports   and    domestic    products,  &c.,   how 
transported  over  territory  of 

Goods  exported  to,  not  to  berelanded  in  United  States, 

penal  ty 

Mexico,  city  of,  consul-general  at,  salary  of 

Mexican  dollar  : 

Value  of  fractions  of 

Recoinage  of 

Michigan  City,  Ind.  : 

Port  of  delivery 

Surveyor  of  customs  to  reside  at 

Passage  of  vessels  to  and  from  harbor  of,  free  from  I 

toll I 

Middletown,  Conn.  :  j 

Collection  district  and  port  of  entry 

Collector  in,  to  reside  at 

Middlctoivn  Point,  N.  J.,  port  of  delivery I 

Mississippi : 

Clearance,  from  ports  in,  of  vessels  laden  with  live-oak 
timber ' 

Collection  districts,  ports  of  entry  and  delivery  in i 

OtBcers  in 

Mississippi  River  arid  triiittaries,  freight  and  tow  boats  on,  } 

may  carry  what  steam  pressure i 

Mississippi  River  vessels  exempt  from  entry  and  clearance j 

Mobile,  Ala.:  '  \ 

Collection  district  and  port  of  entry  in j 

Collector  and  appraiser  to  reside  at j 

Weighers,  gai;gers,  measurers,  and  inspectors  for 

Inspector  of  hulls  and  boilers  for  district  of 

Their  salaries 

Montana  avd  Idaho : 

Collection  district 

Collector  in 

Mon  lercy,  Cal.,  inspector  of  customs  to  reside  at ' 

Monti  video,  consul  at,  salary  of 

Montreal,  consul-general  at,  salary  of j 

Morehead  City,  N.  C,  Secretary  of  Treasiiry  may  change  I 

port  of  entry  from  Beaufort,  N.  C. ,  to ! 

Mortgayes —  [ 

Of  vessel  not  valid  unless  recorded 

To  be  recorded  by  collectors  of  customs 

Certificates  discharging,  to  be  recorded i 

What  record  of,  to  be  kept  in  books | 

What  to  be  certified  on 

Fee  for  recording 

On  northern  frontiers 

JVot  recorded  until  acknowledged,  «&c 

Collectors  to  keep  index i 


Act  Aug.  3, 1882 
1690 
250-2 


221 


3.'')69 
3570 


3002 
.3003 
3004 

3005 

3000 

3008 
1690 

3567 
3568 

2601 
2602 

5247 

2533 
2534 
2.541 


2463, 4205 
2566 
2567 

4420 
Act  July  12,'7C 

2564 
2565 
2606 
4414 
4414 

2593 
2.594 

2583 
169(1 
1690 

2555  • 

4192 
4193 
4193 
4193 
4193 
4193 
43^2 
4193 
4194 


INDEX. 


489 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


Morlgaijes — Coutinued. 

iudex  and  record  opeu  to  inspection 

Collectors  to  furnish  certificates  relating  to,  «fcc. 
Fee  tor  such  certificate 

Fee  for  furnishing  certified  copy  of  record 

Moscow,  consul  at,  salary  of 

Munich,  consul  at,  salary  of 

Miiihii/,  punishment  of  seamen  for 


4194 

22 

4194 

22 

4194 

22 

4194 

22 

1090 

218 

1(;90 

218 

4596 

192 

w. 


2^^a{iasaki,  consul  at,  salary  of 

Xames — 

Of  masters  of  vessels  to  be  indorsed  on  documents 

Of  vessels  to  be  painted  on  stern  ;  penalty 

Change  of,  to  be  indorsed  on  certificate  of  record 

Of  steam- vessels  to  be  painted  on  stern  and  pilot-house; 
penal  ty 

Change  of  name 

Name  on  stern 

Kantcs,  consul  at,  salary  of 

Nantucket,  Mass.  : 

Collrction  district  and  port  of  entry 

Collector  to  reside  at 

Najyles,  consul  at,  salary  of 

Na2)htha — 

Not  to  be  carried  on  steam  passenger  vessels 

HoAv  packed  and  marked  for  shipment 

Penalty  for  shipping  contrary  to  law 

Xanajiaiisctt  I'itr,  supervision  of  life-saving  stations  on... 
Nashville,  Tenn. : 

Port  of  delivery  in  district  of  New  Orleans 

Surveyor  to  reside  at ;   duties  of .^ 

Inspectors  of  hulls  and  boilers  for * 

Their  salaries 

Nassau  (  TJ'e>it  Indies),  consul  at,  salary  of 

Natchez,  Miss.: 

Collection  district  and  port  of  entry 

Collector  to  reside  at 

Vesst-ls  arriving  at  New  Orleans  destined  for,  what  to  do. 
Naval  officer  {customs) : 

Baltimore,  Md 

Boston,  Mass 

Charh'ston,  S.  C 

New  Orleans,  Lfi 

New  York 

Philadelphia ' j 

San  I'raucisco,  Cal : 

Savannah,  Ga 

Term  of  office 

Bonds  of 

By  wliom  approved  and  where  filed 

Duties  of 

Wlien  lo  perform  duties  of  collector 

Wlien,  may  act  by  deputy,  responsibility  of 

Number  and" compensation  of  clerks  of,  how  fixed... i. 

To   keej)  posted  table  of  fees,  &c.,  receipts;  ])enalty 

for  failure 

Narigable  rivers  of  United  States 

Navigation  : 

Rules  for  preventing  collision  of  vessels 

Bureau  of 

Conunissioner  of 

Special  circumstances  to  be  considered  in  construing.. . 


1690 

4171,4183,4335 

4178-4334 

4183 

4495 
Act  Mar.  2,  '81 
Act  June  23, '74 

1690 

2527 
2529 
16i)0 

4472 
4475 
4476 
424« 

2.568 
2569 
4414 
4414 
1690 

2566 
2567 
2832 

2549 
2529 
2558 
2569 
2530 
2544 
2583 
2560 
2613 
2619 
2020 
20-JO 
2t)25 
2632 
2634 

2()35,  43-'3 
2476 

4233 
Act  .July  5, '84 
Act  July  5,  '84, 
sec.  4. 

4233 


218 

17-20-48 

18-48 
20 


211 
24 

218 

298 
300 
218 

83 
84 
84 
123 

311 
312 
90 
90 
218 

311 
311 
349 

306 
300 
309 
312 
303 
305 
315 
309 
319 
320 
321 
322 
322 
323 
324 

324 
150 

153 
39 
39 

123 


490 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


Xaviga  /iOJi— Continued. 

Collectors  to  requii'e   sail-vessels  to  be  provided  witli 
proper  lights 

Lights,  how   shown    by  sail-vessel    on    approach    of 
steamer 

Penalty  on  sail-vessels    not  complying  Avith  rules  of 

navigation 

Recovery  of  penalty 

Pilots  to  be  governed  by  State  regulations 

Employment  of,  on  waters  between  States 

Discriminating  regulations  of  pilotage  by  States  pro- 
hibited   

Existing  discrimluations  abrogated  and  annulled 

Stranded  vessels  on  foreign  coasts,  duty  of  consuls  in 
saving,  &c ■ 

Restriction  on  authority  of  consuls 

Property  wrecked  on  coast  of  Florida,  how  disposed  of. 

Forfeiture  of  vessel  taking  such  ]n-operty  to  foreign 

coast 

License  to  wreck ing-vessels  on  coast  of  Florida 

Life-saving     stations,  establishment  of,  on   coasts  of 

Long  Island  and  New  Jersey 

Appointment  of  superintendents  and  keepers 

J^mployment  of  crews  of  surfmeu 

Establishment  of,  at  light-houses 

To  be  in  charge  of  keepers  of  lights 

Care  and  custody  of  boats  for 

Appointment  of  keepers  for  stations  on  coasts  of  Cape 

Cod  and  Rhode  Island 

Supervision  of  Narragausett  Pier  and  Block  Island  .. 

Establishment  of  ten,  on  coasts  of  Maine,  New  Hamp- 
shire, Massachusetts,  Virginia,  and  North  Carolina 
Xaviyafion  laws : 

Recovery  of  penalties  and  forfeitures 

Remission  of 

Vessels  navigating  coastwise  and  on  Great  Lakes  sub- 
ject to 

Neutrality  : 

Olienses  against  laws  of 

Authority  of  President  to  employ  land  and  naval  forces 
for  enforcement  of  laws  of 

In  order  to  compel  foreign  vessel  to  depart  in  cases 
where  laws  of  nations  or  treaties  requiring  departure 

United  States  citizens  owners  of  armed  vessels  depart- 
ing to  give  bond 

Collectors  of  customs  to  detain  vessels  built  for  warlike 
purposes • 

Construction  of  provisions  of  this  title  as  to  enlisting, 

treason,  piracy,  «fec. 

New  Albani/,  Ind.  : 

Port  of  delivery  in  district  of  New  Orleans 

Surveyor  to  reside  at,  duties  of 

Netvark.  N.  J.  : 

Collection  district  and  port  of  entry 

Collector  to  reside  at 

New  Bedford,  Mass.  : 

Collection  distiict  and  port  of  entry 

Sippican  and  Martajioisett  Harbors,  ports  in  ;  descrip- 
tion o^' vessi-ls  l)f  longing  to 

Collector  to  reside  at 

New  Bertie,  N.  C.  : 

Port  of  entry 

Collector  to  reside  at 

New  Briirisicick,  N.  J.  : 

Port  of  delivery 


4234 

4234 
4234 
4235 
4236 

4237 
4237 

4238 
4238 
4239 


126 


126 
126 
102 

102 

102 
102 

132 
132 
132 


4240 
4241 

132 
132 

4242 
4243 
4244 
4245 
4245 
4246 

133 
133 
133 
133 
133 
133 

4247 

4248 

133 
133 

4249 

133 

4305 
5292, 5294 

245 
243-244 

4401 

88 

5281-5286 

228, 229 

5287 

230 

5288 

230 

.5289 

230 

5290 

230 

5291 

230 

2568 
2569 

311 
312 

2541 
,  2542 

304 
305 

2527 

298 

2528 
2529 

300 
300 

2555 
2556 

308 
308 

304 


INDEX. 


491 


Subject. 


Section  R.  S.  or 
act  Cougress. 


'age. 


Xew  Bnuiawick— Continued. 

Provisions  concerning  lading  and  unlading  of  vessels 

from 

Xewburgh,  N.  T.,  port  of  delivery 

Xeicbtiry,  Mass.,  port  of  delivery 

Neivhuryport,  Mass  : 

Collection  district  and  port  of  entry 

Collector  and  surveyor  to  reside  at 

Xetv  Caslle,  Del,  port  of  delivery 

Xetvcastle,  Me.,  vessels  owned  at  may  unlade  at 

Nexccaslle,  N.  H. ,  port  of  delivery 

Neiccastle-upon-Tyne,  consul  at,  salary  of -  •  - 

yewfoitndhuid,  provisions  concerning  lading  and  unlading 

of  vessels  from 

New  Eampxltlre  : 

Collection  districts,  ports  of  entry  and  delivery  in 

Officers  in -  -  -  -„ 

E.itablisliuient  of  life-saving  stations  on  coast  of 

Xeic  Haven,  Conn.: 

Collection  district  and  port  of  entry 

Collector  to  reside  at 

Ken- Jersey : 

Collection  districts,  ports  of  entry  and  delivery  in 

Ofticers  in - 

Establishment  of  life-saving  stations  on  coast  of 

Appointment  of  keepers  for 

Emplovment  of  crews  of  surfmen  at --- 

Permit  tor  land  transportation  of  foreign  merchandise 

across 

Xeiv  London,  Conn.  : 

Collection  district  and  port  of  entry 

Collector  to  reside  at 

Inspectors  of  hulls  and  boilers  for 

Their  salaries 

Xeir  Orleans,  La.  : 

Collection  district  and  port  of  entry 

Officers  of  customs  in,  residence  of 

Vessels  bound  to  ports  of  delivery  in  district  of,  except 

Bayou  Saint  John 

Collector  of  customs  at,  when  to  appoint  temporary 

inspectors  of,  &c 

May  appoint  head  gangers 

Unloading  imported  salt  opposite  city  of 

Inspectors  of  hulls  and  of  boilers  for 

Thei  r  salaries,  »fec 

Xeirport,  I!.  L  : 

Collection  district  and  port  of  entry 

Collector  to  reside  at 

.Veil-  York  : 

Collection  districts,  ports  of  entry,  and  delivery  in 

Officers  in -.  -  -  • 

Cargoes  for  Greenport,  in,  to  be  entered  and  duties 

paid  at  Sag  Harbor 

Xeie  York  City : 

Collection  district  and  port  of  entry 

Officers  of  customs  in,  residence  and  duties  of 

What  oflicers  and  employes  in  office  of  appraiser  of  cus- 
toms at  port  of;  how  ai)pointed 

Goods  for  Cold  Spring  or  Port  JetTerson  to  be  entered 

and  d  nties  paid  at  port  of 

Oath  of  appraiser  at 

Of  assistant  appraisers  at - 

One  assistant  appraiser  to  perform  dutiesof  special  ex- 
aminer of  drugs 

Inspectors  of  hulls  and  boilers  for;  salaries,  &c..  of.... 


:n29  j 

•  253.^  1 
'2527  , 

404 
302 

298 

2527  1 
2529 
2.-)46 
2520 
2522  1 
1690  ! 

298 
300 
306 

298 
298 
218 

3129  I 

404 

2522  I 

2533 

4249 

298 
298 
133 

2533 
2534 

301 
302 

2541 
2542 
4242 
4243 
4244 

304 
30S 
133 
133 
133 

4362 

56 

2533 
2534 
4414 
4414 

301 

302 

90 

90 

2568 
2569 

311 
312 

2570 
2576 
2577 

2897 

4414 
4414 

312 

313 

313 

364 

90 

90 

2531 
2532 

'    300 
301 

2535 
2536 

302 
303 

2537 

1    304 

2535 
2536 

1    302 
i    303 

2538,2539 

304 

2540 
2614 
2615 

320 

2938 
4414 

372 
1     90 

492 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


Xew  York  C'i^t/— Continued. 

Assistant  inspectors  and  their  salaries 

Niagara  : 

Collection  district  in  New  York 

Collector  in,  residence  of „ 

Additional  inspectors  for 

Nice,  consul  at,  salary  of 

Ningpo,  consul  at,  salary  of ; 

Nitric  acid : 

Restrictions  on  carriage  of,  by  steam  passenger  vessels. 

How  packed  and  marked  for  shipment 

Penalty  for  shipping  contrary  to  law 

Niiro-  G  hjceri  n  e  : 

Not  to  be  shipped  on  passenger  vessel  or  vehicle 

How  packed  and  marked  for  shipment 

State  reuulation  of  traffic  and  transportation  of 

Penalty  for  shii»ping  contrary  to  law 1 

Transporting  or  delivering  on  passenger  vessel  or  ve- 
hicle   

When  death  is  caused  by  explosion  of,  on  passenger  ves- 
sel, &c 

Shipping  or  transporting,  unless  packed  and  marked 

in  manner  prescribed ^ 

NUroh'iim.    (See  Nitro-Glycerine.) 

Noblehorough,  Me.,  port  of  deliverv 

Norfolk;   Fa.: 

Weighers,  gangers,  measurers,  and  inspectors  for 

Inspectors  of  hulls  and  boilers  for 

Salaries  of 

Norfolk  aud  Portsmonih,  Va.  : 

Collection  district  and  jjort  of  entry 

Collector,  surveyor,  and  appraiser  in,  to  reside  at  Nor- 
folk  

North    Carolina,  establishment  of  life-saving  stations  on 

coast  of 

North  Haven,  Me.,  port  of  delivery 

North  Kingston,  B.  I.,  port  of  delivery 

North  Yarmouth,  Me.,  port  of  delivery 

Norwalk,  Conn.,  port,  of  delivery 

Noncidt,  Conn.,  port  of  delivery 

Nottin^liam,  Md.,  port  of  delivery 

Nova.^cotia,  lading  and  unlading  of  vessels  from 

Number,  otficial,  fine  if  not  marked 


4414 

2535 
2536 
2605 
1690 


4472 
4475 
4476 

427S,  4472 
4279,4475 

4280 
4476 

5353 


O. 


Odessa,  consul  at,  salary  of 

Officers : 

Penalty  for  neglect  of  duty  prescribed  by  Title  Regu- 
lations of  Commerce  and  Navigation  

Giving  or  oftering  bribe,  to  influence  decision  or  action, 

&c  

Officers  of  vessels — 

Of  United  States  must  be  citizens 

Maliciously,  &c.,  forcing  on  shore,  with  intent  to 
leave,  refusing  to  bring  home  (see  Inspection  of 
steam-vessels  and  vessels) 


5354 
5355 


2606 
4414 
4414 

2552 

2553 

4249 
2517 
2531 
2517 
2533 
2533 
2548 
3129 
Act  Jane  19, 'Ki, 
sec.  6. 


1690 

4188 
5451 
4131 


Official  number  marked 


Act Jnne 
sec.  6. 


Ogdensburgh,  N.  Y.  : 

Port  of  entry 

Collector  to  reside  at 

Ohio  : 

Collection  districts,  ports  of  entry  and  delivery  in. 

Officers  in 


5363 

19,'86, 


2535  ! 
2536 


2603 
2604  ! 


90 

302 
303 
319 
218 
218 

83 

84 
84 

71,83 

71,84 
71 

84 

239 

239 

239 

296 

319 
90 
90 

307 

307 

133 
296 
300 
296 
301 
301 
306 
404 
27 


218 


21 
242 


5 

240 


302 
303 


318 
318 


INDEX. 


493 


Subject. 


Oil  of  vitriol  : 

Penalty  for  shipping  without  notice 

Kesrrictions  on  transportation  of,  by  steam  passenger 
vessel 

How  packed  and  marked  for  shipment 

Penalty  for  shipping  contrary  to  law 

Omaha,  Nebr. : 

Port  of  delivery  in  district  of  New  Orleans 

Snrvey or  to  reside  at,  duties  of 

Owner: 

Definition  of,  when  need  in  Title  Merchant  Seamen 

Owner  of  vessels  : 

Penalty  for  carrying  away  live-oak  or  red-cedar  timber 
from  the  United  States  lands    

Registered  oath  to  be  taken  by,  to  obtain  register 

Forfeiture  of  vessel  for  false  oath  by,  to  obtain  register. 

Issue  of  new  certificate  of  registry  to,  in  new  district.. 

To  surrender  old  certificate  to  collector 

Penalty  for  failure 

Former,  retaining  old  certificate  ;  j)enalty 

Sold  or  captured  abroad,  regaining  vessel  may  have 
register,  »&c. ,  when 

Penalty  for  not  taking  out  new  certificate  of  registry, 
when 

For  failing  to  report  change  of  master 

Oath  of,  on  entry  of  vessel  as  to  register 

Efi'ect  of  refusal  to  take 

Delivering  up  certificate  of  registry  to  have  bond  can- 
celed   '. 

Recorded  to  countersign  certificate  of  measurement 

To  cause  to  be  indorsed  on  certificate  of  record  change 
of  name  of  master  of  vessel 

To  pay  surveyor's  fees  for  measurement,  &c 

To  furnish  collectors'  receipts  for  fees  paid  consular 
officers  by  vessels  abroad 

Oath  of,  to  ownership  of  unregistered  vessel  carrying 
sea-letter 

Bringing  passengers  from  foreign  ports,  penalty  for 
violating  regulations  as  to  berths 

Penalty  for  neglect  to  furnish  list  of  passengers 

Payment  for  deaths  occurring  among  passengers  dur- 
ing voyage 

Penalty  for  refusal  to  pay 

Of  passenger  vessels  between  United  States  and  Eu- 
rope ;  penalty  for  not  furnishing  deck-houses,  venti- 
lators, and  cooking  ranges,  as  required 

For  failing  to  provide  provisions  and  water 

Civil  responsibility  <Jf,  to  passengers  for  neglect  to  fur- 
nish food,  &c 

To  construct  decks  and  apartments  so  they  can  be 
k/spt  clean,  &c 

Penalty  for  failure 

Of  passenger  vessels  between  United  States  and  Pacific 
ports,  penalty  for  failure  to  supply  food  and  water, 
&c 

Not  liable  for  gold,  bullion,  jewelry,  &c.,  shipped  with- 
out notice 

Not  liable  for  loss  by  fire 

Restrictions  upon  liability  of,  for  goods  embezzled,  lost, 
or  destroyed,  &c 

Pro-rata  payment  by,  when  liabilities  exceed  value  of 
vessel,  t&c 

When  liabilities  for  losses  exceed  value  of  vessel  and 

freight,  may  assign  to  trustee 

.Proceedings  against,  to  cease  on  assignment 


Section  R.  S.  oi 
act  Congress. 


4288 

4472 
4475 
4476 

2568 
2569 

4612 


2462 
4142 
4143 
4159 
4160 
4160-4162 
4164 

112 

8 

8 

14 

14 

14,15 

15 

4165 

15 

4169 
4171 
4173 
4173 

16 
17 
17 
17 

4174 
4181 

17 
19 

4183 
4186 

20 
20 

4213 

31 

422(i 

36 

4255 
4266 

66 
69 

4268 
4269 

69 
69 

4259 
4261 

67 

68 

4262 

68 

4263 
4263 

68 
68 

Page. 


4265 


81 

83 

84 
84 

311 
312 

197 


4281 
4282 

71 

80 

4283 

80 

4284 

61 

4285 
4285 

81 
81 

494 


INDEX. 


Subject. 


Section  R,  S.  or 
act  Congress. 


Page. 


Owner  of  resseZs— Continued. 

Charterer  of  vessel  to  be  deemed,  when 

Eeuiedies  agaiusf,  lor  fraud,  negligence,  «fec.,  reserved. 

Liability  of  joint  owners  of  canal-boat,  «S:c.,  and  ves- 
sels on  rivers  and  inland  waters,  liability  of,  as  car- 
riers   

Enrolled  and  licensed,  subject  to  provisions  prescribed 
for  registered  vessels 

Managing,  bond  of,  to  obtain  license  for  coasting  trade 
or  tisheries 

Oath  of,  to  obtain  license 

May  return  expired  license,  when 

Oath  of,  as  to  foreign  repairs  to  obtain  enrollment,  *fcc. 

Penalty  for  false  oath 

Penalty  if  licensed  vessel  found  without  name  and 
port  printed  on  stern 

In  domestic  commerce,  fees  to  be  paid  by 

Of  steam-passenger,  liability  of,  for  damage  to  passen- 
gers   

When  they  may  perform  duties  of  shipping  commis- 
sioners   

How  may  procure,  &c.,  apprentices - 

Proceedings  against,  to  recover  advance  security 

When  to  be  accountable  for  eti'ects,  &c.,  of  deceased 
seamen 

Disputes  between  crew  and,  how  heard,  &c 

May  be  required  to  produce  books  and  papers  before 
shipping  commissioners  in  proceedings  relating  to 
Avages,  &c 

Shall  be  liable  for  penalty  for  neglect  to  furnish  anti- 
scorbutics   - 

Shall  obtain  certified  copy  of  shipping  articles 

Shall  pay  hospital  tax 

Shall  pay  shipping,  &c.,  fees,  reimbursement 

Punishment  of  seamen  for  damage  to,  by  smuggling  .. 

May  apprehend  deserters  without  warrant ;  penalty  for 
illegal  apprehension - 

Expense  of,  in  apprehending  deserters,  to  be  paid  from 
proceeds  of  forfeited  clothing,  &c 

P. 

Palermo,  consul  at,  salary  of 

Pamlico,  y.  C.  : 

Collection  district 

Collector  in,  residence  of 

Panama : 

Consul  at,  salary  of 

Resident  mail  agent  at,  authorized 

Para,  consul  at,  salary  of 

Paris,  consul  general  at,  salary  of 

Parkershurfj,  IV.  Va.  : 

Port  of  delivery  in  district  of  New  Orleans 

Surveyor  to  reside  at,  duties  of 

Partner,  residing  abroad,  of  house  in  United  States,  vessel 

owned  by,  may  be  registered 

Paso  del  Xorte: 

Consul  at,  salary  of 

Collection  district  of,  what  to  comprise 

Passamaqnoddy,  Me.: 

Collection  district 

Collector,  deputy  collector,  and  surveyor  in,  residence  of 

Additional  inspectors  for 

Passengers  : 

Certificate  of  voluntary  emigration  of  certain,  to  be 
given  by  consular  officers 


4286 

4287 

81 
81 

4289 

81 

4312 

44 

4320 
4320 
4327 
4330 
4330 

45 
45 
47 

48 
48 

4334 

4382 

48 
59 

4493 

87 

4504 
4509 
4534 

172 
173 
177 

4540 
4554 

179 
183 

183 


4570 
4575 
4585 
4593 
4596 

187 
187 
190 
192 
192 

4599 

194 

4604 

195 

218 


95.55 
2556 

308 
308 

1690 
4021 
1690 
1690 

218 
120 
218 

213 

2568 
2569 

311 
312 

4133 

6 

1690 
2578 

218 
313 

2517 
2518 
2605 

29(3 
297 
319 

2162 


103 


INDEX. 


495 


Subject. 


Section  R.  S.  or 
act  Congress, 


Page. 


Passengers — Continued. 

Transportation  of,  to  United  States  from  foreign  port 
not  in  contiguous  territory ;  not  to  be  taken  on  board 
contrary  to  law 

Number  of,  allowed  in  proportion  to  tonnage 

How  computed  

Space  appropriated  for  use  of 

Not  to  bo  taken  up  with  stores  or  cargo 

Penalty  for  taking  on  board  more  tban  allowed,  &c  . .. 

Cargo  "stored  in  space  appropriated  for,  to  be  in  lockers. 

Such  space  not  to  be  counted  for 

Measuremeut  of  lockers 

Hospital  may  be  included  in  space  allowed  for 

Limit  of  space  occupied  by 

Bertbs  for,  regulations  of 

Penalty  for  violating  such  regulations 

Between  United  States  and  Europe,  houses  on  deck  for, 
w-lien  to  be  carried 

Booby-hatches  for,  in  lieu  of  houses 

Ventilators  for  apartments  occupied  by 

Cooking  range,  ifec.,for 

Master  or  owner  of  vessel  not  provided  with  houses, 
ventilators,  and  cooking  range  ;  penalty 

How  recovered 

Provisions  and  water,  what  to  be  on  board  for  each 

Delivery  of 

Penalty  for  failure  to  provide 

How  recovered 

Cooking  and  distribution  of 

Penalty  for  failure 

Enforcement  of,  not  to  affect  civil  responsibility  of  mas- 
ter or  owner 

Discipline  and  health  regulations 

Master  authorized  to  maintain 

Master  or  owner  neglecting,  penalty 

Between  Pacific  ports  and  United  States 

Water  and  food,  how  furnished 

Food  for,  how  to  be  cooked    

Penalty  for  failure  to  supply,  &c 

How  recovei-ed 

List  of,  arriving  from  foreign  port  to  be  furnished  col- 
lector on  entry  

List,  what  to  specify 

To  be  sworn  to  by  master 

Penalty  on  master  for  refusal  or  neglect  to  deliver,  &c. 

Collectors  to  return  copies  of,  quarterly,  to  Secretary 
of  State  

Deaths  among,  other  than  cabin,  payment  by  master, 
owner,  or  consignee  

Money  to  be  paid  to  State  authorities  for  care  and  pro- 
tection of  destitute,  &c.,  emigrants -  - 

Not  to  be  paid  for  care  of  particular  class,  &c.,  of  emi- 
grants   

Penalty  on  nuistcr,  owner,  »&c.,  refusing  to  pay 

How  recovered 

Disposal  of  money  recovered 

Penalties  for  violating  provisions  respecting  transporta- 
tion of,  to  be  lien  on  vessels 

Vessels  may  be  libeled  for,  where 

Vessels  belonging  to  colonization  societies  subject  to  fore- 
going provisions 

Examination  of  emigrant  vessels  on  arrival,  by  col- 
lector   

Report  to  Secretary  of  Treasury 


4252 
4252 
4252 
4252 
4252 
4253 
4254 
4254 
4254 
4254 
4254 
4255 
4255 

4256 
4256 
4257 
425.^ 


4269 


4259 

67 

4259 

67 

4260 

67 

4260 

67 

4261 

67 

4261 

66 

4262 

68 

4262 

68 

4262 

68 

4263 

68 

4263 

68 

4263 

68 

4265 

63 

4265 

68 

4265 

68 

4265 

68 

4265 

68 

4266 

69 

4266 

69 

4266 

69 

4266 

69 

4267 

69 

4268' 

69 

4268 

69 

4270 
4270 

70 
70 

4271 

70 

4272 
4272 

70 

70 

496 


INDEX. 


Subject. 


Passengers—  Continued. 

luforniers  to  have  half  penalties  recovered  for  violat- 
ing laws  relating  to  transportation  of 

Vessels  of  United  States  carrying  passengers  between 

foreign  ports 

Officers  or  seamen,  &c.,  not  to  visit  part  of  vessel  as- 
signed to  emigrants 

Penalty  for  violation ' 

On  master  permitting 

Written  or  printed  notice  of  two  preceding  sections  to 

be  conspicuously  posted 

Passengers 

Passenger  trade,  emigrants 

Passengers,  Chinese I 


Passengers,  coastwise  in  foreign  vessels  

Passengers  : 

Penalty  for  neglect  to  post  notice 

Nitro-glycerine,  &c.,  not  to  be  carried  in  vessels  em- 
ployed iu  transporting 

(See  Sleam-vessels). 
Pass}}  oris: 

Vessels  of  United  States  going  abroad  to  have 

Master  to  give  bond  for 

Penalty  on  master  departing  without 

For  unregistered  vesels  sailing  on  sea-letter 

Deposit  of,  with  consul  on  arrival  at  foreign  port 

Return  of,  on  production  of  clearance 

Penalty  on  master  failing  to  deposit,  &c - 

Falsely  making,  forging,  altering,  &c.,  granted  to  any 

vessel  ;  uttering  as  true  any  false,  &c 

Patuxet,  Jl.  J.,  port  of  delivery 

Pawcatnck  River,  in  Westerly,  Coun.,  port  of  delivery 

Payta,  consul  at,  salary  of 

Pembroke,  Me. ,  port  of  delivery 

Pennsylvama  : 

Collection  districts,  port  of  entry  and  delivery  in 

Officers  in  

Pensucola,  Fla.: 

Collection  district  and  port  of  eutry 

Collector  to  reside  at 

Perishable  articles  : 

Customs  eutry,  and  sale  of,  and  duties  on,  of  vessel 
in  distress  

Unclaimed,  in  public  warehouse,  sale  of    

Seized,  when  and  by  whom  sold,  &c 

Permits — 

For  exportation  of  goods • 

To  unlade,  penalty  for  unlading  without 

What  to  specify,  by  whom  giveu 

On  imported  spirits  and  wines 

When  not  granted  uutil  post-entry  made 

Vessel  in  distress 

Vessels  from  contiguous  foreign  territory  on  northern, 
&.C.,  frontier ---•  •--■ 

Not  required  of  vessels  on  northern,  &c.,  frontier  dis- 
tricts with  cargo  from  American  port 

Cargo,  passengers,  &c.,  of  vessel  from  foreign  port 

For  vessels  iu  coasting-trade 

Surveyors  granting,  to  make  monthly    return  to  col- 
lector   -  -  - 

For  vessel  departing  for  neighboring  districts,  carrying 
distilled  spirits,  sugars,  of  foreign  goods 

Penalty  on  master  proceeding  without 

For  unlading 


Section  R.  S.  or 
act  Congrei  s. 


4273 

4274 

4275 
4275 

4276 

4277 
Act  June  26,'84 

Act  Aug.  2,'82 
Act  May  6,'82 
Act  July  5, '8 4 
Act  June  19,'H6 


4277 

4278 


4306 
4;W6 
4307 
4308 
4309 
4309 
4310 

5423 
2531 
2533 
1690 
2517 

2543 
2544 

2562 
2563 


2891 
2976 

3080 

2979, 3035 

2867 

2869,2872 

2883 
2887 
2891 

3109 

3119 
3121 
4332 

4332 

4349 
4350 
4351 


INDEX. 


497 


Sui'ject. 


rennits — Coiitinued. 

For  vessel  departing  for  remote  district j 

Penalty  for  departing  without,   if  carrying  distilled  j 

spirits  or  foreign  goods ' 

Penalty  for  departing  without,  if  carrying  no  cargo.. .} 

For  unlading  vessel  arriving  from  remote  district i 

For  proceeding  after  partly  unlading ' 

Exemption  of   vessels    under  20  tons  from  above  re-  i 

quirements ■.■'•] 

For  transportation  by    land    of  foreign    merchandise 

across  New  Jersey,  Delaware,  and  Maryland 

For  tisliing- vessel  to  touch  at  foreign  port > 

For  foreign  vessel  bound  coastwise 

Delivery  of,  on  arrival 

Penalty  for  neglect 

Penalty  for  forging,  altering.  &c.,  of  ven^el 

For  vessels  in  domestic  commerce,  fees  for 

For  vessel  to  discharge  at  quarantine 

For  delivery  good-,  entered  at  quarantine 

To  vessels  arriving  at  insurrectionary  district  to  go  to 

another  ])ort 

Falsely  making,  forging,  altering,  «fec.,  granted  by  any 

collector :  uttering  as  true  any  false,  &c 

Permits,  charges  for,  abolished 

Pernamhitco,  consul  at,  salary  of 

Perth  Ambo!f,X.  J.: 

Collection  district  and  port  of  entry 

Collector  to  reside  at 

Peterahurgh,  Va.: 

Cidiection  district  and  port  of  entry 

Vessels  loaded  in,  may  be  cleared  at  Richmond,  Va 

Vessels  arriving  within,  what  to  do 

Petroleum  : 

Crude  or  refined,  not  to  be  carried  on  steam  passenger 
vessel,  excei)t,  &c • 

How  packed  and  marked  for  shipment 

May  be  used  for  production  of  motive-power 

Penalty  for  shipping,  contrary  to  law 

Philadelijhia,  Pa.: 

Collection  district  and  port  of  entry 

Otlicers  in,  residence  and  duties  of 

Clerks  and  employes  in  appraiser's  office  at,  how  ap- 
pointed, number,  and  compensation  of ,. 

Inspectors  of  hulls  and  of  boilers  for 

Pictou,  2\ova  Scotia,  consulate  at,  salary  of 

Pictures,  obscene,  not  to  be  imported 

Pilatka,  Fla.: 

Port  of  delivery ■ 

Surveyor  to  reside  at 

Discriminating  rates  of,  by  States,  prohibited 

Existing  discriminations  abolished    

Pilots— 

To  be  governed  by  State  regulations 

Employment  of,  on  waters  bc^tween  two  States 

PilotH  {licensed,  of  steam-vessels).     (See  Inspection  of  steam- 
ressels. ) 

Pilot  vessels  (sailing),  to  carry  what  lights 

Piers,  unlawful  use  of 


Section  R.  S.  or 
act  Congress. 

Page. 

4353 

53 

4354 
4354 
4355 
4355 

54 
54 
54 
54 

4359 

55 

Piraeus,  consul  at,  salary  of 

Piracy : 

Seizure  of  vessels  fitted  out  for 

Customs  otticers  to  seize 

Provisions  of  Title  Neutrality  not  to  be  construed  to 
prevent  prosecution  or  punishment  for 

H.  Mis.  391 32 


4362 
4364 
4367 
4368  t 
4369 
4375 
43dl-43d2 
4793 
4795 

56 
56 
57 
57 
57 
58 
59 
157 
1.57 

5315 

236 

5423 
Act  June  19,  'ri6, 

240 
40 

sec.  1. 

1690 

218 

2541 
,  2542 

304 
305 

2552 
2554 
2836 

307 
308 
303 

4472 
4475 
4474 
4476 

83 

84 
84 

84 

2543 
2544 

305 
305 

2545 
4414 
1690 
2491 

306 

90 

218 

255 

2562 
2563 
4237 
4237 

310 
310 
102 
1(12 

4235 
4236 

102 
102 

4233 
Act  Aug.  14,76, 
sec.  3. 
i         1690 

123 
152 

218 

4297 
4299 

245 
245 

5291 

230 

498 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


Pittsburgh,  Pa.  : 

Collectiou  district  and  port  of  entry 

Surveyor  aud  api)raiser  in 

Port  of  delivery  in  district  of  New  Orleans 

Surveyor  to  reside  at,  duties  of 

Ius)>ector8  of  hulls  and  boilers  for 

Their  salaries 

Platiiia,  shipper  of.  to  notify  carrier 

Plattshuii/,  N.  Y.  : 

Port  of  entry 

Collector  to  reside  at 

Pleasure  yachts.     (See  Yachts.) 

Plundering  looney,  goods,  «fec.,  from  vessel  wrecked  or  in 

distress,  &c  

Ponce  ( I'orlo  kieo),  consul  at,  salary  of 

Pontcharlrain,  La. : 

Port  of  delivery 

Surveyor  to  reside  at,  duties  of  vessels  bound  for,  may 
unlade  at,  after  making  report,  &c 

Departing  from,  for  foreign  ports,  how  cleared .. 

Port,  what  to  include    

Port  charges: 

Brazilian  mail  steamships  exempt  from 

Duration  of  exemption 

Port  Elizabeth,  JV.  J.    port  of  delivery 

Port  Huron,  Jilieh.  : 

Port  of  entry 

Collector  to  reside  at 

Port  Jefferson,  N.  Y. : 

Port  of  delivery 

Merchandise  lor,  to  be  entered  aud  duties  paid  at  New 
York 

Enrollment  and  license  of  vessels  by  surveyor  at 

Portland  and  Falmouth,  Ale. : 

Collection  district 

Officers  in  ;  collector  to  reside  at  Portland ., 

Additional  inspectors  for 

Portland,  Me  : 

Port  of  entry 

Weighers,  gangers,  measurers,  and  inspectors  for 

Their  salaries 

Portland,  Oreg.: 

Port  of  entry 

Collector  and  appraiser  to  reside  at 

Masters  of  vessels  bound  for,  with  goods,  what  to  do.. . 

Clearing  from 

Arriving  at  Astoiia  with  goods  for 

Weighers,  gangers,  measurers,  and  inspectors  for 

Port  Mahon.,  consul  at,  salary  of 

Port  Oxford,  Oreg.: 

Port  of  delivery 

D(!pury  collector  of  customs  to  reside  at 

Port  Penn,  Del.,  port  of  delivery 

Port  Royal,   Va.: 

Port  of  del  i  very 

Surveyor  to  reside  at 

Port  Said,  consul  at,  salary  of 

Port  Sarnia,  consul  at,  salary  of 

Ports  of  deliver y — 

In  the  several  States  and  Territories 

Officers  in 

Vessels  bound  for,  where  to  enter,  &c 

Goods  for,  on  Mississippi  River  and  tributaries,  where 
entered  

In  collection  district  of  New  Orleans 


2543 
2544 
2568 
2569 
4414 
4414 
42al 

2535 
2536 


5358 
1690 


2568 


2575 

2767 

4232 
4232 
2541 

2599 
2600 

2535 

2540 
4345 

2517 
2518 
2605 

2517 
4414 
4414 


2586 

315 

2587 

316 

2588 

316 

2589 

316 

2590 

316 

•^606 

319 

1690 

218 

2586 

215 

2587 

316 

2546 

306 

2552 

307 

2553 

307 

1690 

218 

1690 

218 

2517-2612 

296-319 

2517-2612 

296-319 

2772 

339 

2822 

348 

2-<23 

348 

INDEX. 


499 


Subject. 


Section  R.  S.  or 
act  Confjress. 


Ports  of  deZireri/— Continued-. 

President  may  cauwe  duties  to  be  collected  at,  in  case 
of  insnnectiou,  &c.;  appointment  of  officers  at,  pro- 
visions of  law  applicable,  &c 

Ports  of  eiitni : 

Forfeitures  for  entering,  when  closed  by  proclamation  ; 
wliere  prosecuted 

In  the  several  States  and  Territories 

Officers  in 

To  be  ports  of  delivery 

Shipi>ing  commissioners  at 

President  in  cases  of  insurrection  may  change,  «fec. ; 
poits  of  delivery  to  be  constituted,  application  of 
|)rovisions  of  law,  &c 

When  to  \»e  closed  by  proclamation  of  President ;  for- 
feiture of  vessels,  &c.,  attempting  to  enter 

President's  proclamation 


Ports  of  entrji  estahlished 

Ports  of  oi tri/  and  delmry,  Ohio 

Port  of  delivery,  Georgia  and  Tennessee 

J'ortsniouth,  X.  H,: 

Collection  district  and  port  of  entry 

Collector  and  surveyor  in,  to  reside  at ... 

Merchandise  mav  be  entered  at,  for  Kittery  or  Berwick, 

Me ■ 

Port  ToiVK send,  W.  T.: 

Port  of  entry 

Collector  to  reside  at 

Port  wardens,  (certificates  of,  as  to  necessity  for  unlading 

vessels  in  distress 

Portentri/,  when  and  by  whom  made  in  customs  cases  ;  per- 
mit to  unlade  not  granted  until 

Potomac,  J'a. : 

Port  of  deli  very 

Deputy  collector  to  reside  at,  duties  of 

Poufjhkeepsie,  N.  Y.,  port  of  delivery 

Pound  sterling,  value  fixed 

Prescott  : 

Consul  at,  salary  at 

President's  proclamation 


Presidio  del  Xortc,  Tex.,  inspector  of  customs  to  reside  at.. 

Prices  Current,  consular  ofticers  shall  procure,  &;c 

Prince  Kdnard's  Island  : 

Consul  at,  salary  of 

Lading  and  unlading  of  vessels  from 

Vessels  of,  may  engage  in  coasting  trade  on  lakes,  &c., 
under  treaty  of  Washington 

Suspension  of  i)riviiege 

Privileges  to  foreigners  granted  andexclnded  by  proc- 
lamation      


Prize  : 

Provisions  ai)p]icablc  to  all  captures  made  as 

Definition  of  term  "  vessels  of  the  Navy  " 

Duties  of  commanding  officer  of  vessels  making  capt- 
ure   

Survey  of  captured  vessel  and  property  when  it  can- 
not he  sent  in  for  adjudication 

Appiaisemeiit,  by  whom  made 

Report  of  ai)praiseis  to  be  sent  into  court 

Sale  of  such  proi)erty 

Deposit  of  proceeds  of  sale 


Page. 


5314 


2517-2612 

2517-2612 

2770 

4.501 


5314 


236 


237 

296-319 

296-319 

339 

171 


236 


.5317 
Act  June  19,'H6, 

sec.  10-17. 
Act  May  27, '80 
Act  June  16, 'HO 
Act  Feb.  28,  '81 

237 

27 

416 
416 

417 

2522 
2523 

298 
298 

2524 

298 

2586 

2587 

315 
316 

2891 

363 

2887 

362 

2552 
2553 
2535 
3565 

307 
397 
302 
422 

1690 
Act  June  19,  '86, 
sec.  12. 

2580 
1713 

218 
27 

314 

222 

1690 
3129 

218 

404 

4347 
4347 

50 
50 

Act  June  19, '86, 
sees.  12, 17. 

27 

4613 
4614 

247 
247 

4615 

247 

4615 
4615 
4615 
4615 
4615 

247 
247 

247 
247 

1     247 

500 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


Prize — Continued. 

Claim  of  United  States  to  share  in 

How  made 

Special  counsel,  employment  of,  by  Secretai'y  of  Navy.! 

Commissioners,  appointment  and  qualifications  of j 

Marshal  to  keep  property  under  warrant  of  court j 

To  report  to  court  property  requiring  to  be  stored  or  I 

sold .' 

To  insure  property  according  to  his  judgment 

Custody  by,  of  witnesses '. . 

To  re]tort  to  Secretary  of  Navy  when  required 

Survey,  appraisal,  and  inventory  of  property  taken  for 
use  of  United  States 

Department  i'or  whose  use  taken,  to  deposit  value,  sub- 
ject to  order  of  court 

When  property  not  sent  in,  proceedings,  where  may 
be  commenced 

Proceeds  of  sale  or  value  to  be  deposited  with  assist- 
ant treasurer 

Delivery  on  stipulation 

Money,  in  lieu  of  stipulation,  to  be  deposited  with  as- 
sistant treasurer  

Sale,  how  conducted 

Transfer  of  property  to  another  district  for  sale;  pro- 
ceedings      

Aggregate  share  of  captors 

Distributive  shares  of  captors •- 

What  vessels  entitled  to  share 

Restriction  on  commanding  officers  of  fleets  or  squad- 
rons   

Temporary  absence  not  to  forfeit  share 

Determination  of  shares,  court  to  order  testimony  to 

be  taken 

Kefore  whom  such  testimony  may  be  sworn  to 

Decree  of  distribution  to  be  made  by  court 

What  such  decree  shall  recite    

Bounty  to  be  paid  for  persons  on   board  vessels  de- 
stroyed  

To  be  divided  in  same  manner  as  prize-money 

When  actual  number  on  board  cannot  be  ascertained, 
how  estimated 

Sum  to  be  paid  in  case  of  vessel  destroyed  otherwise 
than  from  injuries  received  in  action 

Powers  of  district  court  after  ai)peal  to  Supreme  Court. 

Security  for  costs  may  be  required  at  any  stage  of  cause. 

C<'sts  aud  (ixpenses  to  be  paid  from  proceeds  of  prop- 
erty, unless 

How  and  when  allowed 

How  paid  in  case  of  restitution,  or  where  there  is  no 
money 

Distribution  of  prize-money,  how  and  by  whom  made. 

Of  ransom-money,  salvage,  bounty,  &c.,  how  and  by 

whom  made 

Assignment  of  prize-money  or  bounty  by  persons  in 
naval  service  to  be  attested 

Clerk  of  district  court- 
To  render  semi-annual  statement  to  Secretaries  of 

Treasury  and  Navy 

To  keep  account  of  amounts  in  causes  deposited  for 

distribution 

To  send  copies  of  final  decrees  of  distribution  to  Sec- 
retaries of  Treasury  and  Navy 

To  draw  orders  of  court  for  payment  of  costs,  &c., 

and  <listrfT)ution  of  residue 

Compensation  for  such  services 


4616 
4616  i 

4620  I 

4621  ! 
4623 

4623  i 
4623 
4623 
4623 

4624  I 


462.5 
4626 


4626 


4629 
4630 


4632 


4633 
4633 


4634 


4634 
4634 


4635 
4635 


4635 
4637 
4638 

4639 
4640 

4640 
4641 

4642 

4643 

4644 

4644 

4644 

4644 
4644 


248 
248 

248 
248 
248 

248 

248 
248 
248 

248 

248 

249 

249 
249 

249 

249 

249 
250 
250 
250 

250 
250 

251 
251 
251 
251 

251 
251 

251 

251 
251 
251 

251 
252 

252 


252 

252 


252 


252 
252 


INDEX. 


501 


Subject. 


Prize— Contimied. 

Allowauces  and  coiuniissious  of  marshal  in  disposal  of 

property 

Compensation  of  district  attorney  and  commissioner, 

bow  determined 

Annual  account  to  be  rendered  to  Attorney-General. .. 

Maximum  allowance  for 

Excess  over  amount  allowed,  bow  disposed  of 

Of  special  counsel  for  captors 

Fees  to  be  paid  out  of  wbat  fund 

Commissions  of  auctiimeers 

Witness  lees  to  be  paid  by  marshal 

To  be  repaid  to  marshal  from  money  deposited 

Amount  not  repaid,  how  allowed 

Recaptures,  in  what  cases  of,  salvage  to  be  allowed.. . 

Restoration  of  vessel  to  United  States 

Salvage,  how  payable 

How  distributed 

Laws  not  to  be  construed  as  contravening  treaties 

Property  employed  in  aid  of  insurrection,  when  lawful 

subject   of 

Proceedings  when  property  is  taken  on  account  of  use, 

&c. ,  in  aid  of  rebellion -  -  - 

Property  seized,  «fec.,  upon  inland  waters  not  consid- 
ered maritime, disposal  of 

Doing  or  advising,  &c.,  act  relating  to  bringing  in, 
custody,  sale,  &c.,  of  property  captured  as,  or  to  docu- 
ments," &c.,  with  intent  to  defraud    

Prize-comniishionn.     (See  Prize.) 
Prize-money.     (See  Prize.) 
Proceeds  of  sale.     (See  Sales. ) 
Proclamation  hy  President — 

Suspending  discriminating  duties  ou  tonnage  or  impost 

of  foreign  vessels 

Inviting  co-operation  of  foreign  nations 


Section  R.  S.  or 
act  Congress. 


4(i45 

4646 
4647 
4647 
4647 
4648 
4649 
46:0 
465) 
4651 
4051 
4652 
4652 
4652 
4652 
4652 

5308 

5309,5311 


5441 


Page. 


Terminating  exemption  of  Prussian  vessels  from  dis- 
criminating duties 

Closing  port  of  entry  in  insurrectionary  district 

Prospect,  Me. ,  port  of  deli  very ■. 

Protection  and  relief  of  seamen,  provisions  relating  to 

Princetoicn,  Mass.,  port  of  delivery 

Provisions  : 

What,  to  be  carried  by  vessels  transporting  passengers 

between  Europe  and  United  States 

Weekly  delivery  of 

Prussia  : 

P^xemption  of  vessels  of,  from  discriminating  duties 

Duration  of 

Termination  of,  how  made ...• 

Public  vessels  excepted  from  provisions  of  iitle  Regulation 

of  Steam-Vessels 

Puget  Sound,  tV.  T.: 

Collection  district 

Collector  in,  residence  of 

Inspector  of  hulls  and  boilers  for 

Salaries  of 


4228 
Act  June  19,  '86, 
sec.  12. 

4230 
5317 
2517 
4554-4591 
2527 


4260 
4260 

4229 
4230 
4230 

4400 

2586 
25H7 
4414 
4414 


253 

253 
253 
253 
253 
253 
253 
254 
254 
254 
254 
254 
254 
254 
254 
254 

235 

235 

235 

240 


37 

237 

296 

183-192 

298 


67 
67 

37 
37 
37 

88 

315 
316 


QualiJications,2)ay,  anddnties  of  cnstomsoflHcers  ;  provisions 
concerning  

Quarantine — 

Established  by  health  laws  of  States  to  be  observed  by 
United  States  officers 


2745, 2746 
4792 


336 
157 


602 


INDEX. 


Subject. 

Section  R.  S.  or 
act  Congress. 

Page. 

Quarantine— Coxitinued. 

4793 
4794 
4795 
4796 
1690 

2568 
2569 

2597 
2598 

2553 
4600 

Act  June  19,  '82 

4508 

4158 
4158 
417U 
4171 
4174 
4174 

2894 

2895 
2514 

1690 

2747 

2748 
2749 
2750 
2751 
2752 
2753 
2755 
2754 

2757 
2758 
2759 

2760 
2761 
2762 
2764 

2765 

2835 

3059, 3067 

157 

Erection  of  warehouses  at 

157 

Deposit  of  aroods  therein     ..      .....    .                 ... . 

157 

Time  for  entry  of  vessels  subject  to,  may  be  extended.. 
Quehi'c   consul  at  salary  of      .   . 

158 
218 

Qiiinci/,  III.: 

311 

Surveyor  to  reside  at.  duties  of              .                ... .. 

312 

R. 

Racine,  Wis.: 

Port  of  delivery  

317 
317 

liappahannork  River,  Virginia,  surveyor  of  customs  to  reside 

at  or  uear  mouth  of,  as  President  may  desiguate 

lieclamaiion  of  deserters,  duty  of  consular  officers  in 

Eecurdi'd  vessels.     (See  resse'ls.) 
Recording  of  vessels.     (See  Vessels.) 

307 
201 

153 

Regislered  vessels.     (See  Vessels.) 
Register— 

Of  seamen  shall  be  kept  by  shipping  commissioners  .. . 

Of  vessels.     (See  Vessels.)^ 

Tonnage.     (See  Vessels.) 

172 

14 

14 

To  cancel                             . 

16 

Changes  of  masters  of  vessels  to  be  reported  to 

To  cancel  certificates  of  registry  of  lost,  &c.,  vessels.. 

To  notify  collectors  of  such  cancellation 

Relading — 

Of  vessels  in  distress  inspection  of 

17 
17 
17 

364 

Of  cargoes  of  Spanish  vessels  seeking  port  in  distress, 

364 

Repairs,  drawback  on  materials  for 

63 

Revel- 

218 

Revenue-  Cutler  'Service : 

For  what  j)urpose  maintained;  ex)»ense  of,  how  paid.. 

Vessels  unfit  forservice  to  be  sold ;  unexpended  balance 

of  ])roceeds        ..      ...          ..        .        .'.. 

336 
336 

336 

Grades  of  en'''iueers  in,  rank  and  pay 

337 

337 

QnaliHcat ioDs  of 

337 

Compensation  of                        ..           .       .         ... . 

337 

337 

Waxes  of  petty  officers  and  seamen  in 

337 

When  to  co-operate  with  Navy,  under  whose  direction. 

337 

Service  of,  for  protection  of  revenue,  by  whom  directed. 

337 
337 

Officers  of,  to  be  deemed   officers  of  customs,  powers 

337 

Masters  of,  to  make  weekly  returns  to  collector,  &c  ... 
Additional  duties  of  officers  of,  by  whom  directed 

33ri 
33"* 
338 

When  masters  of,  may  tire  at  vessels  not  bringing  to ; 

338 

Officers  of,  at  Norfolk,  duties  of,  to  vessels  bound  up 

350 

Officers,  when  to  board  vessel,  &c.,  and  make  search, 
powers  of,  «&c 

391-392 

INDEX. 


503 


Subject. 


Section  R.  S.  or 
act  Congress. 


Bevemie-Cutter  Sefi-ice— Contiuued. 

Muster  ot  vessel  obstrnctiug,  &c.,  penalty 

When  President  may  employ  vessels  in  addition  to 

Beninie  fag,  who  to  prescribe 

Eevenue-'inariiie  service.     (See  lievemte- Cutler  Service. ) 

Rhinebeck  Landing,  X.  7.,  port  of  delivery 

Rhode  Inland  : 

Collection  districts,  ports  of  entry  and  delivery  in 

Officers  in t 

Privilege  of    coasting-vessels  trading    between,   and 

Long  Islaud 

Richmond,  Va.  : 

Collection  district  and  port  of  entry 

Collector  and  surveyor  iu,  to  reside  at 

VfsseJs  loaded  iu  Petersburgh  district  may  be  cleared 
at,  in  certain  cases 

Vessels  arriving  in  district  of,  what  to  do 

Rio  de  Janeiro,  consul  at,  salary  of 

Rio  Grande,  consul  at,  salary  of - 

River  steamers   navigating    waters   flowing   into    Gulf    of 

Mexico,  or  their  tributaries,  lights  ou 

Rivers,  navigable,  of  the  United  States 

Rivers  and  harbors,  provisions  concerning 

Rerised  international  regulations  for  preventing  collisions 

Robbinston,  Me.,  port  of  delivery 

Rochester,  Mass.  : 

Port  of  delivery 

Vessels  belonging  to  Sippican  and  Mattapoisett  Har- 
bors, Massachusetts,  in  township  of,  how  described. 
Rome  : 

Consul-general  at,  salary  of 

Coiisu  1  at,  salary  of 

Rotterdam,  consul  at,  salary  of 

Rouse's  Point,  X.  Y.,  deputy  collector  to  reside  at 

Roxbury,  Mass.,  port  of  delivery 

S. 

Sabanilla,  coiniiiercial  agent  at,  salary  of 

Sabine,  Tes.  : 

Port  of  delivery 

Depnty  collector  to  reside  at,  powers  of 

Saco,  Me. :  * 

Collection  district  and  port  of  entry 

Collector  in,  residence  of 

Saa-amenio,  Cal.,  inspector  of  customs  to  reside  at 

Safety-valves.     (See  Inspection  of  steam-ressels.) 
Sag  Havbov,   X.  T.: 

Collection  district  and  port  of  entry 

Collector  iu,  to  reside  at 

Surveyor  in,  residence  of 

Cargoes  for  Greenport,  N.  Y.,  to  be  entered  and  duties 

paid  at 

Sailing  vessel : 

Pay  to,  for  carrying  foreign  mail 

What  deemed  a 

Sailovs  ill  Xary.     (See  Seamen.) 
Saint  .ingusiine,  Fla.: 

Collection  district  and  port  of  entry 

Collector  to  reside  at 

Saint  Catherine,  consul  at,  salary  of 

Saint  (ieorge,  Me.,  \wvX.  of  delivery 

Saint  Helena,  consul  at.  salary  of 

Saint  John's,  Fla.: 

Collection  district 


Page. 


5318 
2764 

2535 

2531 
2532 

4357 

2552 
2553 

2.554 
283fi 
1690 


4233 

2476 

5244-5255 

Act  Mar.  3,  '85 

2517 

2527 


392 
237 
338 

302 

300 
301 


307 
307 

308 
350 
218 
218 

124 

1.50 

150-152 

126 


296 
298 


300 


1690 

218 

1690 

218 

1690 

218 

2536 

303 

2527 

298 

218 


2578 
2579 

313 
314 

2517 
2518 
2583 

296 
297 
315 

2535 
2536 
2.536 

302 
303 
303 

2537 

304 

4009 
4233 

119 
123 

2562 
2563 
1690 
2517 
1690 

310 
310 
.  218 
296 
218 

2562 

310 

504 


INDEX. 


Subject. 


Section  R.  H.  or 
act  Congress. 


Page. 


Saint  John's,  Fla. — Continued. 

President  may  select  port  of  entry  in,  on  Saint  John'i 

River 

Collector  in,  residence  of 

Sainl  John's,  Quebec,  consul  at,  salary  of 

Saint  Joseph,  Mo.: 

Port  of  delivery  in  district  of  New  Orleans 

Surveyor  to  reside  at,  duties  of 

Saint  Louis,  Mo.: 

Port  of  delivery  in  district  of  New  Orleans 

Surveyor  and  appraiser  to  reside  at,  duties  of 

Weighers,  gangers,  measurers,  and  inspectors  for 

Inspector  of  hulls  aud  boilers  for 

Their  salaries 

Saint  Marl's,  Fla.: 

Collection  district  and  port  of  delivery 

Collector  in,  residence  of 

Saint  Mary's,  Ga.: 

Collection  district  and  port  of  entry | 

Collector  to  reside  at 

Saint  Mary's,  Md.: 

Port  of  delivery 

Surveyor  to  reside  at 

Saint  Paul,  Minn.: 

Port  of  delivery 

Deputy  collector  to  reside  at 

Saint  Paul  de  Loando,  commercial  agent  at,  salary  of 

Saint  Paul,  island  of.     (See  Alaska.) 

Saint  Petersburg,  consul  at,  salary  of 

Saint  Thomas  : 

Cousul  at,  salary  of 

Resident  mail  agent  at,  authorized 

Salem  and  Beverly,  Mass.: 

Collection  district 

Collector  and  surveyor  in,  residence  of 

Salem,  Mass.: 

Port  of  entry 

Collector  and  surveyor  to  reside  at 

Sa lem,  N.  J. ,  port  of  delivery 

Sales— 

Of  wages  of  seamen,  not  to  prevent  payment 

Of  useless  revenne-cutters 

Proceeds  may  be  expended  by  Secretary  of  Treasury. 

Of  abandoned  goods  in  bonded  warehouse 

Proceeds  of,  how  distributed 

Of  goods  in   public  store  after  one  year;  balance  of 

proceeds 

Overplus  of  proceeds  of,  to  be  paid  into  Treasury;  ac- 
count of;  when  paid  to  owner 

Of  perishable  aud  explosive  articles  in  bond  d  ware- 

h'lnse 

Of  unclaimed  perishable  goods  in  public  warehouse  ... 
Of  imports  prior  to  entry,  &c.,not  to  affect  ownership. 

Of  property  seized  ;  proceeds  of;  adjournments  of 

Proceeds  of,  when  restored,  «fec 

By  whose  order  distributed 

Of  perishable  articles  seized  under  customs  laws  ;  pro- 
ceeds of 

Of  prize  property  which  cannot  be  taken  into  port  for 

adjudication  ;  proceeds  to  be  deposited 

Of  prize  property,  by  order  of  court;  proceeds 

Auctioneer  to  be  employed  by  Secretary  of  Navy... 

To  be  conducted  under  supervision  of  marshal 

Duties  of.marshal  with  respect  to 


2562 
2563 
1690 

310 
310 

218 

2568 
256U 

311 
312 

2568 
2569 
2606 
4414 
4414 

311 
312 
319 

90 
90 

2562 
2563 

310 
310 

2559 
25(!0 

309 
309 

2548 
2549 

306 
306 

2595 
2596 
1690 

317 
317 

218 

1690 

218 

1690 
4021 

218 
120 

2527 
2529 

298 
300 

2.527 
2529 
2541 

298 
300 
305 

4536 

2748 
2748 
2971 
297'^ 

178 
336 
336 
377 
377 

2973 

377 

2974 

377 

2975 
2976 
3058 
3077 
3078 
3079 

378 
378 
391 
394 
394 
394 

3080 

395 

4615 

4628 
4628 
4628 
4628 

247 
249 
249 
249 
249 

INDEX. 


505 


Subject. 


Sales — Continued. 

Duties  of  marsbal  when  property  is  transferred  to 

another  district 

Proceeds »  

Of  marine-hospital  bniklings  and  hinds 

SaUHburi/,    >'  a#.s.,  port  of  deli  very 

Salisbur'n,  Md. ,  port  of  delivery 

Saloon-stores,  purchased  for  vessels  on  northern,  &c.,  fron- 


Section  R.  S.  or 
act  Congress. 


Salt 


Imported,  how  unladen  opposite  New  Orleans 

Imported  in  bond,  for  use  in  curing  fish ;  remission  of 

duties  on 

Salt  and  coal,  time  for  unlading  from  vessels  extended 

Saltpeter : 

Meaning  of  term  in  certain  cases 

Drawback  on 

Salt  provinionn : 

Anti-Hcorbutics  to  be  served  with,  to  seamen 

Penalty  for  failure 

Sahtria,  Tex.  : 

Collection  district 

Officers  in,  residence  of 

Salvador.     (See  Guatemala.) 
Salvage  : 

Seamen  cannot  abandon  claim  for 

Distribution  of,  to  vessels  of  Navy,  how  made 

In  cases  of  recapture 

To  be  paid  from  Treasury,  when 

To  be  paid  by  owners,  when 

San  Ant  onto,  Tex.  : 

Port  of  delivery 

Insi)ector  of  customs  to  reside  at 

Sand  Beach  harbor  of  refuge 

San  Diego,  Cal. : 

Collection  district  and  port  of  entry 

Officers  in,  collector  to  reside  at 

Appointment  of  inspectors,  weighers,  &c.,  for 

San  Domingo,  commercial  agent  at,  salary  of 

Sandusky,  Ohio: 

Collection  district  and  port  of  entry 

Collector  to  reside  at - 

Additional  inspectors  for 

Sandwich ,  Mass. ,  port  of  deli  very - . 

San  Elizario,  Tex.,  inspector  of  customs  to  reside  at 

San  Francisco,  Cal.  : 

Collection  d  istrict  and  port  of  entry 

Officers  of  customs  in,  residence  of 

'      VVeighern,  gangers,  measurers,  and  inspectors  for 

Ins])e(tor.s  of  hulls  and  boilers  for 

Their  salaries 

San  Juan  dtl  Xorte,  commercial  agent  at,  salary  of 

San  .Juan  del  Sur,  consul  at,  salary  of 

San  Juan  ( I'orto  liico),  consul  at,  salary  of 

San  Pedro,  Cal.: 

Port  of  delivery 

Inspector  for,  appointment  of 

Santa  Barbara,  Cal. : 

Port  of  del  i  very 

Inspector  for,  a})pointment  of 

Santa  Cruz,  consul  at,  salary  of 

Santarem,  c()n8nl  at,  salary  of 

San tiago  ( Cape  Verde),  consul  at ,  salary  of 

Santiago  de  Cuba,  consul  at,  salary  of 


4629 
4629 
4H06 
2r)27 
2548 

3113 


3022 

2881 


3026 
3026 


4570 


2578 
2579 


Page. 


249 
249 
166 
298 
306 

401 

364 

3KS 
361 

385 
3Ki 

186 

187 

313 
314 


4535  178 

4642-4652  1  252-254 

4652  j  254 

4652  I  254 

4652  I  254 


2578 

2580 

ActJunel9, '82 

2582 
2583 
2607 


2603 
2604 
2605 
2527 
2580 

2582 
2583 
2606 
4414 
4414 
1690 


2582 
2583 


313 
314 
153 

314 
315 
319 
218 

3l8 
318 
319 
298 
314 

314 
315 
319 
90 
90 
218 
218 
218 

314 
315 

314 
315 
218 
218 
218 
218 


506 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Congress. 


Sault  Sainte  Marie,  Mich.  : 

Port  of  delivery 

Deputy  collector  to  reside  at 

Savannah,  Ga.: 

Collection  district  and  port  of  entry 

Officers  in,  residence  of '. 

Collector  of  customs  at,  may  grant  permits  to  unload 
vessels  in  Brunswick  district,  appoint  inspectors,  &c. 

Inspectors  of  hulls  and  boilers  for 

Their  salaries 

Sayhrook,  Conn.,  port  of  delivery 

Scarhorough,  Me.,  port  of  delivery 

Schedules  : 

Of  goods  for  interior  ports,  to  be  deposited  with  sur- 
veyor thereat  

Of  forms,  fees,  &c..  to  Title  Merchant  Seamen 

Scitiiaie,  Mass.,  port  of  delivery .. .. 

Sea-coast  of  United  States,  divided  into  three  great  districts. 

Sea-letters.     (See  Vessels.) 

Sea-stores: 

Exempt  from  duty,  how  specified 

How  duty  on,  excess  of,  estimated 

When  forfeited 

Of  vessels  on  northern,  &c.,  frontiers 

When  free  of  duty,  excess  of 

Seamen: 

Consular  officers  shall  keep  record  of 

Not  to  receive  fees  for  services  to 

Penalty  for  neglect  of  duty  bj' 

Alien,  how  naturalized 

When  to  be  deemed  citizens 

When  entitled  to  protection  as  destitute  citizens 

Conviction  and  punishment  of,  to  be  recorded  in  log- 
book   

Oft'enses  committed  by 

Statement  of  conduct  and  character 

Ill ness  or  inj ury  to 

Death  of,  during  voyage 

Wages  due  deceased 

,      Sale  of  eifects 

To  sign  entries  in  log-book,  when 

Provisions  concerning 

Duties  of  shipping  commissioner  as  to 

Manner  of  procuring  apprentices 

ludentures  of  apprentices 

Shipping  articles  of,  form,  terms,  &c.,  of 

Wages,  advances,  and  allotments  of,  shall  be  specified 
in 

Kulcs  for  signing,  «fec.,  of 

On  certain   vessels   may  reship,   »fec.,   without   fee   to 
commissioner 

Penalty  for  carrying,  without  ai tides  

For  accepting  seamen  illegally  shipped 

How  deserters,  &c.,  ma.v  be  replaced 1 . 

Copy  of  articles  to  be  posted  up 

How,  may  be  shii)ped  in  foreigu  ports 

In  coasting  trade 

Penalty  for  illegally  8hij)ping 

Forfeiture  of  wages  for  breach  of  articles  by 

Illegal  shipment  of,  void  ;  recovery  of  wages 

Wages,  when  to  commence 

Not  to  depend  on  freight  earnings 

.   In  merchant  service,  to  terminate  with  loss  of  vessel.. 

In  case  of  improi)er  discharge 

When  may  be  suupended 


2599 
2600 

2559 
25G0 

2561 
4414 
4414 
2533 
2517 


2825 
4612 
2527 
4348 


2795 
2796 
2797 
3111 
3112 

1708 
1719 
1736 
2174 
21-/4 
2174 

4290 
4290 
4290 
4290 
429f» 
4290 
4290 
4291 


>01-46I2      171-197 


4508 
4509 
4510 
4511 

4511 
4512 

4513 
4514 
4515 
4516 
4519 
4517 
4520 
4518-4521 
4522 
4523 
4524 
4525 
4526 
4527 
4528 


INDEX. 


507 


Subject. 


Section  R.  S.  or 
act  CougresB. 


Page. 


Seamen — Continued. 

Time  for  payment  of 

Payment  of,  at  intermediate  ports 

Allotment  of  ..."'. ' 

Advances  of 

Unlawful  advances  of;   recovery 

Ldscoiint  of  advance  security ;  recovery 

Lien  on  ship  for 

Cannot  abandon  right  to  salvage 

Wages,  not  liable  to  attachment,  &c 

Sale  of,  not  to  prevent  payment  to  seamen 

Amount  recoverable  from,  during  voyage 

Entry  of,  in  log-book 

Deceased,  wages  and  effects  of 

Rules  of  procedure  in  regard  to 

Penalty  for  neglect,  &c.,  in  regard  to 

Duty  of  consul  in  regard  to 

Proceedings  in  regard  to  wages  and  effects  of,  dying  in 
United  States 

Fund  for  relief  of  destitute,  created  » 

Wages,  summons  to  show  cause  in  case  of  non-payment 
of 

Libel  for,  of  vessel 

When  paid  abroad  to  be  in  goM - . 

On  discharge,  shall  be  paid  before  shipping  commis- 
sioner  

Dischiirge  of,  liow  conducted 

Account  of  wages  shall  be  rendered 

Certificate  of  discharge  on  payment 

Rules  for  settlement  of  wages ,-- 

Certificate  of  character 

Arbitration  of  disputes  with  master -- 

Proceedings  before  shipping  commissioners  relative  to  | 
wages 

Majority  of  crew  may  demand  survey  of  vessel 

Proceedings  on  survey ! 

Cost  of  unnecessary  survey  may  be  deducted  from  wa-  I 
gesof  <"<>mplaining 

Refusal  to  sail  when  vessel  found  seaworthy ! 

Complaint  of  nuseaworthiuess  in  foreign  ])orts 

Report  on  by  inspectors  in  foreign  ports 

Discharge  of  seamen  by  consul  after 

Extra  wages  to  be  paid  on  discharge  from  unseawor- 

t  hy  vessel 

Retusal  to  pay,  penalty 

Survey  of  provisions  may  be  demanded  by 

Forf.-iture  of  wages  for  false  complaint  as  to  provis- 
ions      

Permission  to  complain  guaranteed  to 

Allowances  for  reduction  of  jirovisions,  &c.,  recovera- 
ble as  wages 

Medicines  and  auti-scorbuties,  &o.,  shall  be  provided 
for 

Penalty  for  neglect  to  serve  to 

Provisions,  «fec.,  to,  shall  be  weighed,  &c.,  on  demand. 

Clothing  and  fuel  for  use  of,  to  be  carried 

List  of,  on  vessels,  to  be  furnished  collector  of  customs 
before  clearance 

Shall  be  certitied  by  collector 

And  shii>ping  articles  shall  be  carried  on  vessels   

Bond  for  return  of,  to  United  States  required 

Destitute,  &c.,  care,  Ac,  of,  by  consular  ofiicers 

Shall  be  returned  to  United  States 

Penalty  for  refusal  by  vessels  of  United  States  to  carry. 

Pay  to  vessels  for  carrying 


4529 
4530 
4531 
4532 
4533 
4534 
4535 
4535 
4536 
4536 
4537 
4538 
453d 
4539 
4540 
4541 

4542-4545 
4545 

4546 
4547 
4548 

'  4549 
4549 
4550 
4551 
4552 
4553 
4554-4555 


177 
177 

177 
177 
177 
177 

178 
178 
178 
178 
178 
178 
178 
178 
179 
179 

179, 180 
180 

180 
181 
181 

181 
181 
181 
182 
182 
182 
183 


4555  183 

4556-45.59      183-184 

4557  183 

4557-4562  !  183-185 

4558  ;  184 

4559  i  184 
4,60  I  184 
4561  I    184 


4561  1 
4563  1 
4565 


4568 

4569 
4570 
4571 
4.572 

4573 
4574 
4575 
4576 
4577 
4577 
4578 
4579  I 


184 
185 
185 

185 
186 

186 


187 
187 
187 

187 
1.87 
187 
188 
189 
189 
189 


508 


INDEX. 


Subject. 


Section  E.  S.  or 
act  Congress. 


Page. 


Seamen — Continued. 

When  consular  officer  may  require  discharge 

Extra  wages,  when  aud  how  paid  on  discharge  in  for- 
eign port ,■ : 

Penaltv  for  ueglect  of  consular  officer  to  collect 

To  be  collected  on  sale  of  vessel  iu  foreign  port , 

When  may  be  remitted 

Discharge  in  case  of  wreck 

Extra  wages,  on  discharge,  disposal  of,  by  consular 

officer .' ..., 

Part  of,  to  be  fund  for  destitute,  aud  for  transportation 
to  United  States 

Hospital  tax  toTbe  collected,  &c.,  and  retained  from. .. 

By  couhular  officer,  if  vessel  sold  abroad 

Must  be  paid  before  documenting  of  vessel 

Certificate  of  citizenship  to 

Protest  against  impressment  of 

Penalty  for  neglect  of  master  to  protest 

Report  as  to  impressment  to  Secretary  of  State 

List  of  certificates  of  citizenship  of,  to  be  kept 

Fee  for  shipping  or  discharging 

Part  of,  to  he  deducted  from  wages 

Who  shall  pay 

Penalty  for  taking  illegal 

Oifeuses  aud  punishments  of , 

Shall  be  entered  on  logbook   , 

Forfeiture  of  wages  for  ttesertiou 

Cost  of  arrest  of  deserter  to  be  deducted  from  wages. . 

Arrest  of,  for  desertion,  on  justice's  warrant 

Without  warrant 

Extra  wages  to  be  paid  when  desertion  caused  by  cruel 
treatment .' 

Deserters,  reclamation  and  discharge  of,  by  consular 
officers 

For  deserting 

Penalty  for  drunkenness,  &c 

Enforcement  of  forfeitures 

Disposal  of 

Deserters'  wages,  &c.,  unclaimed,  to  go  to  fund  for  des- 
titute   

Application  of  part  of,  to  pay  cost  of  conviction,  &c. .. 

Penalty  for  unauthorized  boarding  of  vessels 

For  soliciting,  as  lodgers 

Shall  not  carry  sheath-knife  ;  penalty 

Penalty  for  receiving  more  than  fee  from 

Penalties  and  forfeitures,  how  recovered 

To  go  to  fund  for  relief  of  destitute 

Floggi ng  of,  abolished 

Definition  of  terms  used  in  title  

Tables  of  wages,  provisions,  fees,  &c 

Hospital  for  sick  and  disabled  authorized 

Fuud  for  relief  of,  how  appropriated 

Admission  of  foreign,  to  hospitals 

Forcing  on  shore  with  intent  to  leave,  refusing  to  bring 

home 

Searches : 

Customs  officers  may  board  vessels  and  make 

May  stop  vehicles,  beasts,  or  persons  and  make 

refusing  to  allow  ;  penalty 

Eegnlations  for,  of  persons  and  baggage;  person  liable 
to   

Persons  making,  under  customs  laws,  may  enter  build- 
ings  

Warrant  for,  of  dwelling-house,  how  and  by  whom  ob- 
tained ;  forfei  tures 


4580 


4.58  L 

4582 

4583 

•  4583 

4584 

4584 
4585 
4586 
4587 
4588 
4589 
4590 
4590 
4591 
4592 
4.593 
4593 
4595 
4.596 
4.590-4.597 
4596 
4598 
4598 
4599 


4600 


4522.  4601 

175, 195 

4602 

195 

4603 

195 

4604 

195 

4604 

195 

4605 

195 

4606 

195 

4607 

196 

4608 

196 

4609 

196 

4610 

196 

4610 

196 

4611 

197 

4612 

197 

4612 

197 

4801 

165 

4803 

166 

4805 

166 

5:J63 

240 

3059-3067 

391, 392 

3061 

391 

3062 

391 

3064 

392 

3065 

392 

3066 


INDEX. 


509 


Subject. 


Sectiou  R.  S.  or 
act  Cougiess. 


Searchi'K — Continoed. 

Custotiis  officers  making,  to  make  character  known  ; 

aiding  in;  refusal  to  assist ;  penalty 

Seizures — 

Of  vessels,  &c.,  engaged  in  transportation  of  coolies 

By  customs  otiicers,  for  smuggling 

Customs  otticers  to  make  known  character  when  mak- 
ing, &c 

Customs  officers  to  make,  when   vessel   or  goods  are 

liable  thereto 

When  sued  may  give  special  matter  in  evidence  under 

general  issue 

Of  property  under  customs  laws  to  be  appraised,  &c  .. 

If  value  §!5b0  or  less,  notice  of,  to  be  published 

Persons  chiiming  property,  to  tile  claim,  &c 

Sale  of  property  under,  proceedings,  &c    

Ren  is8i<m  ()f  forfeiture  under  . . ; 

Distribution  of  proceeds  of  sale 

Of  perishable  articles,  &c.,  when  and  by  whom  sold  .. 

Release  of,  on  payment  of  appraised  value 

Of  goods  imported  contrary  to  law,  &c.,  forfeiture,  fine, 

&e 

When  Solicitor  of  Treasury  to  be  notified  of 

Custody  of  imports  under 

Commencement  of  suits  for,  «fec 

Of  vessel,  when  owner  or  master  subject  to  penalty  for 

violation  of  revenue  laws 

What  portion  of  proceetis  of  sale  in  revenue  cases  of, 

to  be  applied  to  payment  of  costs.    

Of  books  and  papers  in  revenue  cases,  warrant  for 

Return  of  warrant,  how  made,  »&c 

Of  letters  illegally  carried  authorized 

Certain  revenue  laws  extended  to  officers  making 

Of  vessel,  what  notice  to  be  given - 

Assaulting,  resisting,  &c.,  customs  officer,  &c.,  in  mak- 
ing      

Rescuing,  &c.,  property  seized  by 

Staving,  throwing  overboard,  &c.,  property,  in  order 

to  prevent 

Selma,  Ala.  : 

Port  of  delivery 

Surveyor  to  reside  at 

Merchandise  for,  where  entered 

Shanghai: 

Consul-general  at,  salary  of 

General  postal  agency  authorized  at 

Sharen  : 

In  i)rize  cases  of  captors 

How  to  be  distributed 

Vessels  entitle<l  to 

Officers  or  persona  entitled  to 

Otticers  tem|)orarily  absent,  &c.,  not  to  be  deprived  of. 

Detcrminiition  of,  how  to  be  made 

Sheafh-kinvcii  shall  not  be  worn  on  shipboard,  &c 

Shthoiipaii,   If  in.  : 

Pdrt  of  delivery • 

Dej)Uiy  collector  to  reside  at ■ 

Shecpsvott  JUrir,  Me.,   provisions   concerning    unlading  of 

v<ssels  at  towns  adjoining 

Shieldsborough,  Misa.  : 

Port  of  entry ■ 

Collector  to  reside  at - 

Ship  Island,  Miss. : 

Port  of  delivery 

Deputy  collector  to  reside  at ;  du  ties  of 


Page. 


2159, -21 63 

103, 104 

30(il  i 

391 

3071  1 

393 

3072 

393 

3073 

393 

3074 

393 

3075 

394 

3076 

394 

3077 

394 

3078 

394 

3079  1 

394 

3080  I 

395 

3081  1 

395 

3082  1 

395 

30H3 

395 

3086  i 

396 

3087 

396 

3088 

396 

3089 

396 

3091 

397 

3092 

397 

3990 

117 

3991 

117 

4379 

•   59 

5447 

241 

5447 

241 

5447 

241 

2564 

310 

2565 

311 

2820 

347 

1690 

218 

4023 

121 

46-30 

250 

4631 

250 

4632 

250 

4633 

250 

4633 

250 

4634 

251 

4608 

196 

2597 

317 

2:.98 

317 

2.ViO 

298 

2566 

311 

2567 

311 

2566 

311 

2567 

311 

510 


INDEX. 


Subject. 


Section  R.  S  or 
act  Congress. 


SMp-htUrs : 

Pay  tor  carrying 

Shipment  of  seamen.     (See  Seamen.) 
Shijjoii-ners,  liability  of  shippers — 

Of  ]ilatiiia,  gold,  luiUion,  &c.,  to  give  notice  of  valu- 
able character  of  sbipuieut 

Unless  notice  given,  carriers  not  liable  for  loss,  &c 

Shipping  articles — 

In  merchant  service,  form,  terms,  &c.,  of 

Rules  for  making,  signing,  &.c 

Exceptions  to 

Penalty  for  carrying  seamen  without  making 

Penalty  for  shipping  seamen  without 

Of  seamen  engaged  in  foreign  ports 

Copy  of,  shall  be  posted  in  vessel 

For  vessels  in  coasting  trade,  form,  i&c,  of 

Penalty  for  shipping  seamen  in  coasting  trade  -without. 

Penalty  on  seamen  for  breach  of 

Shall  contain  allotment  stipulations 

Advances  of  wages  not  to  be  made  unless  stipulated  in. 

Con>ul  shall  indorse  receipt,  &c.,  for  eftects  of  deceased 
seamen  on 

Master  may  be  required  to  produce,  in  suit  for  wages.. 

Allowances  for  reduction  of  provisions  required  by 

Certitied  copy  of,  shall  be  carried  on  vessels 

Breach  of,  by  desertion  ;   punisiment  for 

Discharge  of  seamen  deserters  by  consul,  «fec.,  to  be  en- 
tered on 

Form  of ■ 

(See  Seamen.) 
Shipping  commissioner 


3978 


4281 

4511 
4512 
4513 
4514 
4515 
4517 
4519 
4520 
4521 
4522 
4521 
4532 

4539 
4547 

4.568 
4575 

4598 

4600 
4612 


Shipping  commissioners : 

How  appointed  and  removed  ;  supervision  of,  by  cir- 
cuit court 

Bond  and  oath  of 

When  customs  officers  sb.aU  act  as 

When  cnstom-house.%  to  be  deemed  offices  of 

Penalty  for  illegally  acting  as 

Clerks  and  deputies  of 

Papers  bearing  seal  of,  how  admitted  in  evidence 

Officers  of. 

Duties - 

Shall  procure  apprentices  to  sea-service 

Shall  examine  indentures  of  apprentices 

Shall  witness  shipping  articles 

To  reship  seamen  in  same  vessel  without  fees 

Rules  for  shipping  seamen  be'fore,  to  govern  shipments 
in  foreign  ports 

Advance  wages  to  seamen  to  be  given  in  presence  of.. 

Proceeds  of  effects  of  deceased  seamen  to  be  delivered 
to 

Wages  of  deceased  seamen  to  be  paid  to 

Shall  pay  wages  into  circuit  courts 

Seamen  shall  be  discharged  before 

Account  of  wages  on  di.':-charges  of  seamen  to 

When  master  of  vessel  may  perform  duties  of,  in  re- 
spect to  discharges 

Rules  for  payment  of  wages  and  discharge  before 

Certificate  of  character  rec^uired  in  discharges  before  . 

Shall  act  as  arbiters  between  masters  and  crew 

May  require  books  and  summon  witnesses    

When,  shall  inspect   provisions  of  vessels 

When  complaint  reported  false;  penalty 

Shall  furnish  copy  of  shipping  articles  to  owners 


Act  June  19, '86, 
sees,  2,  3. 


4501 
4502 
4503 
4503 
4504 
4.505 
4506 
4507 
4508 
4509 
4510 
4512 
4513 

4517 
4532 

4539 
4542 
4543 
4549 
4550 

4551 
4552 
4553 
4554 
4555 
4565 
4566 
4575 


INDEX. 


511 


Subject. 


Section  R  S.  or 
act  Congress. 


Shijypiiig  commissioners— Continned. 

Fees  of 

Bill  of,  to  lie  posted  iu  office 

Who  slial  1  pay 

Penalty  for  taking  nnlawlul 

Limit  as  to  eonipeusation  of 

May  apprehend  deserters  without  warrant 

Balance  of  i)roceeds  of  deserters'  clothing,  »fcc.,  to  be 

paid  to ;-- 

Shall    notify    seamen  of   provision    against    wearing 

sheath-knives  

Table  of  fees  of 

Act  not  to  apply  to  coasters,  &c 

Shi2U)i)i!}  f<cfi,  penalty  for  exacting  illegal 

Shippiiuf  offices.     (See  Shipping  commissioners.) 
Ship's  com)  any  or  crtw — 

List  of,  shall  be  furnished  to  collector 

Shall  he  certified  by  collector 

Eules  respecting  duplicate  list  of 

5/117/*  hushund,  to  give  bond  for  registry 

Ship's  pajnrs.  (See  Vesseh.) 
Ship  stores.  (See  Sea  stores. ) 
Shijnneck.  holding  out  false  lights,  or  extinguishing  true, 

with  intent  to  produce 

Shreveport,  La.  : 

Port  of  delivery 

Deputy  collecttjr  to  reside  at 

Siam : 

Judicial  authority  of  United  States  minister  and  con 

suls in - 

Marshal  for  consular  court  in 

Kent  of  pri.son  for  American  convicts  in 

Limit  to  expense  of  ))rison  and  keepers  in 

(See  Consular  courts). 
Sick,  di. sab  led,  and  destitute  stamen.     (See  Seamen.) 
Signal  Office: 

Duty  of  Secretary  of  War  to  provide  for  stations 

Signals  for  pleasure  yachts,  how  prescribed 

Signal  stations .' 

Silver  Creek,  N.  Y. : 

Port  of  delivery 

Dejinty  collector  at 

Singapore,  consul  at,  salary  of 

Sippican  Harbor,  Mass.,  port  in  collection  district  of  New 

Bedford,  description  of  vessels  belonging  to 

Sitka,  Alaska  : 

Port  of  entry 

Collector  to  reside  at 

Slave-trade: 

President  to  employ  armed  vessels  to  suppress 

Proceeds  of  condemned  vessel,  &c.,  how  distributed.. . 
President    to  make  regulations  for  safe  keei)iiig,  re- 
moval, &c.,  of  negroes,  &c.,  taken   from  vessels  in, 
anil   to  appoint  resident  agent  in  Africa  to  receive 

same • 

Bounty  to  officers  and  crew  of  commissioned  vessels 

for  liegroes,  &c.,  taken  from  slave-ships 

Bond  of  masters  of  foreign  vessels  clearing  for  Africa, 

or  suspected  of  bfeing  intended  for 

Distribution  of  forfeitures  accruing   under  laws  relat- 
ing to,  how  made 

President,  how  to  contract  for  reception  in  Africa  of 

negroes,  «fec.,  taken  from  vessels  in 

Sloji  cheats ■ 


Page, 


4592 
4592 
4593 
4595 
4594 
4599 

4(504 

4f)08 

4(;i2 

Act  June  9,  '74 
4009 


4573  1 

4574  ! 
4.575  I 
4145  I 


192 
192 
192 
192 
192 
194 


196 
19T 
197 
196 


187 

187 

187 

8 


5358  1 

239 

2568 
2569 

311 
312 

4111-4120 
41U  1 
4121 
4131 

215,216 

215 

216 

5 

222 

4215 

222, 223 

143 
32 
143 

2535 
2536 
1690 

302 
303 
218 

2528 

300 

2591 
2592 
1046 
5557 
5558 

316 
316 

246 

246 

5561 

246 

5562 

246 

5564 

246 

5565 

246 

5566 
Fune  19,'rt6, 

246 
206 

512 


INDEX. 


Subject. 


Smithfield,  Va.  : 

Port  of  delivery 

Surveyor  to  reside  at 

Smiuiqlivg  : 

Provisions  relating  to 

Punisbmeut  of  seamen  for 

Smyrua,  consul  at,  salary  of 

Somerset,  Mass.,  port  of  delivery : 

Southampton,  consul  at,  salary  of 

Sjjain  : 

Discriminating  duties 

Duration  of  sucb  exemption 

Spezia,  consul  at,  salary  of 

Stamford,  Conn.,  port  of  delivery 

State  inspection  laics,  to  be  observed  by  customsofficers  clear- 
ing vessels 

Steam-gauges 

Steamboat  inspectors.     (See  Inspection  of  steam-vessels.) 
Steamboat  letters.     (See  Letters.) 

Steam-gauges 

Steam-pipes,  to  carry  steam  into  compartments  and  holds  of 

steam-vessels  to  extinguish  fire,  «&c 

Steam-registers.     (See  Inspection  of  steam-vessels.) 
Steam  tugs     (See  Tug-boats.) 
Steam-vessels : 

Coal  of,  exempt  from  duty 

Contract  with,   for  carrying   mail  without  advertis- 
jug- --; - 

When  mail  may  be  carried  in  certain 

Delivery  of  letters  carried  by 

Pay  to,  when  not  in  mail  service 

For  carrying  foreign  mail 

On  Lake  Champlain,  going  to  Province  of  Quebec,  how 
cleared 

Carrying  mail  between  United  States  and  Brazil,  ex- 
em[»t  from  port  charges  

What  considered  as,  under  Title  Navigation 

Enrollment  and  license  of,  owned  by  resident  alien 

Bond  by  alieu  owner 

What  are  deemed,  under  Title  Regulations  of  Steam- 
Vessels  

What,  are  subject  to  provisions  of  Title  Regulations  of 
Steam-Vessels 

Navigating  coastwise  and  on  Great  Lakes  subject  to 
navigation  laws '. 

Coastwise,  not  registered,  to  be  under  control  of  li- 
censed pilots  and  inspectors,  when 

Transporting  passengers  not  to  depart  without  com- 
plement of  licensed  officers  and  crew 

Deprived   of  licensed   oificer,  how    temporarily  sup- 
plied .  ..• 

Certificate  of  inspection  of,  to  state  number  of  passen- 
gers which  may  be  carried 

Ferry-boats  excepted 

Penalty  for  carrying  more  passengers  than  allowed 

Special  permits  to  carry  additional  passengers  on  ex- 
cursions   

Masters  of,  to  keep  lists  of  passengers  open  for  inspec- 
tion   

Penalty  for  failure 

Penalties  to  be  a  lien  on,  when 

Precautions  against  fire 

Fire-pumps  and  hose,  regulation  of 

Not  to  carry  dangerous  inliammable  articles 


Section  R.3.  or 
act  Congress. 


2552 
2553 

307 
307 

3058-3094 
4596 
1690 
2527 
1690 

391-398 
192 

218 
298 
218 

4231 
4231 
1690 
2533 

37 

37 

218 

301 

Act  J 
sec 

une 
.14 

4202 
19,  '86, 

30 
101 

Act  J 

una 

19, '86 

101 

4470 

83 

2798 


3943 
3970 
3977 

3978 
4009 

114 
116 
116 
117 
.  119 

4208 

30 

4232 
4333 
4316 
4317 

37 
123 
44 
44 

4399 

88 

4400 

88 

4401 

88 

4401 

88 

4463 

82 

4463 

82 

4464 
4464 
4465 

82 
82 

82 

4466 

82 

4467 
4468 
4469 
4470 
4471 
4472 

82 
82 
83 
83 
83 
83 

INDEX. 


513 


Subject. 


Steamvesaeh — Contisned. 

Penalty  for  luilawt'nlly  carryinj;  cotton  or  hemi. 

License  to  use  petroleum  for  fuel 

Gunpowder,    uitro->?lycerine,   &c.,   liow    jiacked    and 
marked 

Penalty  for  unlawful  shipment  of 

Watchmen  at  night 

Penalty  for  failure  to  keep  tire-extinguishers  for . . 

Wire  tiller-ropes,  bell-pulls,  &c.,  on  river  steamers 

Boats  for  river  steamers 

Life-preservers 

Fire-buckets,  water-barrels,  and  axes 

Stair  .vays  and  gangways  for  river  steamers  carrying 

passengers  on  main  deck 

Accommodations  for  deck  passengers  

Penalty  for  failure  to  ])rovide 

Navigating  rivers,  to  anchor  in  fogs,  &c 

Life-  boats,  &c.,  for  ocean  and  lake  steamers 

Penalty  for  failure  to  jtrovide 

AVater-l  ight  bulkheads  for  steamers  navigating  ocean 

or  Great  Lakes 

Approval  of  life-saving  instruments 

Barges,  subject  to  what  provisions 

Penalty  for  violating  provisions    

Liabilitv  of  master  and  owner  for  baggage  of  passeu- 


Section  R.  S.  or 
act  Congress. 


gers 


To  carry  two  copies  of  Title  Regulation  of  Steam  Ves- 
sels   

Names  of,  to  be  painted  on  stern  and  pilot-house;  pen- 
alty...  

Customs  officers  to    enforce    provisions    concerning; 

penalty 

License,  register,  or  enrollment  for 

Navigated  contrary  to  provisions  of  Title  Regulation 

of  Steam-Vessels  ;  penalty . .' 

Penalties  not  otherwise  provided  for 

Remission  of  lines,  penalties,  &c.,  under  laws  relating 

to 

Penalty  on  person  by  whose  misconduct  life  is  destroyed 

Inspector  of,  receiving  illegal  fees      

(See   Fines,  penalties,  aud  forfeitures ;    Inspection    of 
steam-vessels,  and  Passengers.) 
Steam-propelled  vessels,  steerin;/  and  sailinn  rules.     (See  Xavi- 
gation.) 

Stettin,  consul  at,  salary  of 

Stonington,  Conn.: 

Collection  district  and  port  of  entry 

Collector  in,  to  reside  at 

Storage — 

Of  goods  landed  from  vessels  in  distress 

Charges  ami   fees  for,   of  cargoes  of  vessels  seeking 

l)oit  ill  distress 

Warehouses   

Storm  signals,  duty  of  Secretary  of  \V;ir  to  provide  for  .  .... 

Stotvawai/s,  ve.ssels  not  to  be  liable  for  carrying 

Stranded  vessels,  jirotection   of,  by  consuls,  &c.,  on  foreign 
coast. 


Stratford,  Conn.,  port  of  delivery 

Sltittqardl,  consul  at,  salary  of    

Suffolk,  Vu. : 

Port  of  deli  very 

Surveyor  to  reside  at 

Sugars : 

Imported,  not  to  be  removed  Irom  wli 
of;  jienalty 

H.  m^'.:m — .33 


f  b.'fore  ]. 


Page. 


4473 

84 

4»74 

84 

4475 

84 

447H 

84 

4477 

85 

4478 

85 

4479,  4480 

85 

4481 

85 

448-i 

85 

4483 

85 

4484 

86 

4485 

86 

4486 

86 

4487 

86 

4488 

86 

44H9 

86 

4490 

87 

'   4491 

87 

4492 

87 

4493 

87 

4493 

87 

4494 

87 

4495 

87 

4496,  4497 

87-88 

4498 

88 

4499 

88 

4500 

88 

5294 

244 

5344 

238 

5482 

242 

2533 
2534 


2892 


218 


301 
3U2 


2894 

3t)4 

2795 

l.J2 

221 

143 

4514 

174 

4238 

132 

2533 

301 

161)1) 

218 

2552 

307 

2.V):', 

307 

2.''()4 

132 

361 


514 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


Sugars — Coutinued. 

Standards  of  imported,  how  selected  and  to  -whom  fur- 
nished   

How  and  by  whom  sampled,  casks,  &c.,how  marked.. 

Unretiued  imported,  change  from  package,  how  made, 
drawback  on 

Manifest  of,  carried  by  vessel  in  coasting  trade  T)etweeu 
neighboring  districts 

Penalty  for  transporting  between  remote  districts  with- 
out manifest  and  permit  

Suits  : 

Depending  in  foreign   country  npon  bond  of  marshal. . 

Of  consular  court,  how  brought 

Sujii^rin  tendents — 

Of  lite-saving  stations  for  coast  of  Long  Island  and 
New  Jersey,  powers  and  duties 

For  coast  of  Long  Island  to  have  charge  of  Narragan- 

sett  Pier  and  Block  Island  stations 

Surveii — 

Of  vessels  may  be  ordered  on  complaint  of  mate  and 
crew  ;  proceeding,  &c 

Duties  of  inspectors  in  foreign  port 

Contents  of  report  of  inspectors  of  vessel 

Payment  of  cost  of,  in  foreign  port 

Penalty  for  refusal  to  pay  for 

Of  captured  vessel  or  })roperty,  when  made  in  prize 
Civses 

When   x>rize  property  taken   for  use  of  United   States, 

how  made 

SurreijorH  of  customs — 

In  the  several  collection  districts 

At  Albany,  to  act  as  collector 

Term  of  office  of 

Bonds  of , 

By  whom  approved  and  where  filed 

Temporary,  how  ap])ointed,  compensation  of 

When  to  perform  duties  of  collector 

Duties  of 

At  certain  porta 

In  case  of  disability  or  death  of,  who  to  perform  duties 
of .' 

When  to  authorize  officer  or  clerk  to  act  as  disbursing 
agent,  bond 

When  may  act  by  deputy,  responsibility  of 

Number  and  compen'satiou  of  clerk  of 

To  keep  posted  table  of  fees,  receipts,  &c.,  penalty  for 
fai  1  ure 

To  account  for  fees,  &c.,  and  make  annual  returns  to 
commissioner,  penalty 

Personal  attendance  of,  duties  of,  as  to  accounts;  pen- 
alty for  omission 

Accounts  of,  what  to  include  and  "how  rendered  '" 

To  certify  services  of  occasional  inspectors 

7  o  lender  list  of  clerks,  their  duties  and  compensation, 
account  of  stationery,  office  rent,  &c 

Acting  as  collector,  to  render  quarterly  accounts  of 
moneys  collected  ;  excess  to  be  paid  into  treasury  .. 

In  certain  districts  to  keep  for  sale  blanks 

Drawback  fees  of,  how  shared 

Fees  of 

Acting  as  collectors,  limit  to  compensation  of 

Couijx-nsation  exclusive  of  expenses  of 

Limit  to  eniolumeiits  of,  at  certain   ])orts   

At  other  jiorfs 


2914 
2915 

3029 

4349 

4354 

4071 
4114 

4243 

4248 


3«8 
368 

385 

52 

54 

215 
216 

133 
133 


4557-4559     183-184 

4560  184 

4561  I     184 


4562 
4563 

4615 

4624 

2518-2602 
2536 
2613 
2619 
2620 
2624 
2625 
2627 
2628 

2629 

2631 
2632 
2634 

2335 

2639 

2640 
2641 
2642 


185 
185 


247 


297-318 
303 
319 
320 
321 
322 
322 
322 
323 


323 
323 
324 

324 

325 

325 
325 
325 


2647 

326 

2648 

326 

2656 

328 

2657 

328 

2688 

331 

2689 

331 

2690 

331 

2691 

331 

INDEX. 


515 


Subject. 


Section  R.  S.  or 
act  Congress. 


Surveyors  of  customs — Cotinued. 

Salaries  of,  at  Eastport,  Pi)rtsnionth,  N.  H.,  Newbury- 
])ort,  Gloucester,  Fredericksburgh,  Va.,  Portland, 
Me.,  Savaunab,  and  at  ports  establisbed  by  the  Presi- 
dent  

Of  ports  in  district  of  New  Orleans 

At  Velasco,  excess  of  recei  pts 

To  be  accounted  for 

At  Mata<;orda,  Lavaca,  and  Copano 

At  Pacific  City  and  Milwaukee    

At  Selma '. 

At  San  Francisco 

At  Salem  and  Beverly 

At  Michigan  City 

At  Albany 

Limit  of 'compensation  of,  at  Portland,  Me.,  Boston, 
New  York,  Philadelphia,  Baltimore,  Charleston,  Sa- 
vannah, and  New  Orleans 

At  non-enumerated  ports 

When  to  examine  baggage,  &c 

At  certain  i>orts  to  estimate  duties,  approve  bond8,&c. 
When  to  enter  amount  of  duties  on  imjiorter's  bond,  &c. 
When  to  cnuse  inspection  of  cargoes,  &c.,  permit  ves- 
sels to  unload,  and  indorse  manifests 

Not  to  receive  bond  less  than  duties,  &c. ;  when  to  col- 
lect and  pay  over  duties  .  .   •- 

When  to  put  inspectors  on  board  of  vessels 

To  transmit  inspector's  book  to  collector.... 

When  to  supply  absence  of  inspector  to  superintend  de- 
livery of  cargoes,  & 

Distilled  spirits  to  be  landed  under  inspection  of 

Returns  of  delivery  of  merchandise 

Opening  of  packages  with  consent  of 

Use  of  warehouse  hired  by 

At  Louisville,  to  have  custody,  &c.,  of  imports  for  Jef- 

fersonville 

When,  to  inspect  merchandise  notified  for  exportation 

Search  of  stores,  warehouses,  &c 

Duties  of,  as  to  public  money 

President  may  increase  bonds  of 

Duties  of,  in  measurement  of  vessels 

To  countersign  certilicates  of  registry 

Survey  or  measurement  of  vessels  by,  for  record 

To  grant  certificates  of  measurement  for  record 

Fees  of,  for  measurement 

By  whom  jtaid 

Limit  upon,  for  measuring  and  certifying  tonnage 

Month  retiirn  by,  to  collector  of  certified  manifests  or 

]»ermit8 

May  be  authorized  to  enroll  and  license  vessels 

At  Cold  Spring.  Greenport,  and  Port  Jefferson,  N.  Y  .. 

Fecsof,  f.)r  enrolling  an  >  licensing  vessels 

Penalty  upon,  lor  delivering  false  measurement  of  vessel 

To  i)os't  up  conspicuously  tables  of  fees 

Su8j)ension  Bridf/e,  N.  ¥. : 

Port  of  entry 

Collector  to  reside  at 

Swansea,  Mass  ,  jiort  of  delivery 

Snaloic,  consul  at,  salary  of 


Tohasco,  consul  at,  salary  of  

Tahiti,  consul  at,  salary  of 

Talcahuano,  consul  at,  salary  of. 


2706 
2707, 2708 
2712,  2718 
2709 
2710 
2711 
2713 
2714 
2715 
2716 
2717 


2719 
2720 
2801 
282.5 
2826 


2aio 

2831 
2875 
2876 

2877 
28H4 
2H89 
2899 
2956 


Page 


333 
333 
334 
333 
333 
334 
334 
324 
334 
334 
334 


334 
334 
344 
348 

348 

349 

349 
359 
359 

360 
361 
363 
365 
374 


2967 

376 

3035 

3^6 

3107  1 

400 

3039  ■■■ 

387 

3639  ' 

387 

4148-4154 

9-12 

41.58 

14 

4181 

19 

4181 

19 

41H6 

20 

4186 

20 

4186 

50 

4332 

48 

4:m 

49 

4345 

50 

4346 

50 

4373 

53 

4353 

53 

2535 

302 

.   2536 

303 

2527 

298 

1690 

218 

1690 

1690 

1         1690 

218 

218 

218 

516 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Conj^ress. 


Page. 


Tamalave,  commercial  agent  at,  salary  of 

Tampico  : 

Consul-general  at,  salary  of 

Cousul  at,  salary  of 

Tangier,  cousul  at,  salary  of 

Tappahannock,  Va.,  collection-district  and  port  of  entry 

Collector  in,  to  reside  at 

Tare,  allowance  for,  on  imports  ;  how  estimated 

Tariff : 

Of  consular  fees  shall  be  kept  conspicuously  posted  in 
consulate 

President  may  prescribe 

Of  fees  of  consular  courts ;  of  duties 

( See  Duties  on  imports. ) 
Tax  on  tonnage 


218 


Teche,  The,  La.: 

Collection  district 

Collector  in,  residence  of 

Thomaston,  Me.,  port  of  delivery 

Tien-  Tsin,  consul  at,  salary  of 

Tiverton,  K.  I.,  port  of  delivery 

Toledo,  Ohio: 

Port  of  entry 

Collector  to  reside  at 

''  To7t,"  detinition  of,  in  appraisal  of  imports 
Tonnage: 

Duties  or  tax.     (See  Duties.) 

Fees.    (See  Fees.) 

Of  vessels.     (See  Vessels.) 
Tonnage  tax  


Tonnage  carved  on  main  beam. 


Tonnage  deductions 

Toronto,  consul  at,  salary  of 

Transporta  ion — 

Of  merchandise  In  bond,  provisions  conceruing   

To  Pacific  and  western  ports 

Ojiening,  breaking,  «fcc.,  vehicle,  warehouses,  «&c.,  con- 
taining goods,  imported  for,  removing,  «fec.,  lock  or 
seal,  or  aiding  to  remove  or  receive  goods 

Of  goods  entered  for  warehouse 

Penaltj'  for  non-delivery,  &c 

Of  imports  and  products,  «S!:.c.,  of  United  States  over 
certain  foreign  territory 

With  benefit  of  drawback,  to  another  district  for  ex- 
portation   

Of  explosives  on  vessels  carrying  passengers,  prohibited. 

On  other  vessels  or  vehicles,  how  packed  and  marked.. 

State  or  Territorial  regulation  of 

Of  valuables  as  freigiit  or  baggage 

Written  notice  to  be  given  master  or  owner  of  ves- 
sels   

If  notice  not  given,  owner  not  liable 

Limitation  of  liability  where  notice  given 

Loss  of,  by  fire,  when  owner  not  liable  for 

By  embezzlement,  limitation  on  liability 

Compensation  for,  where  value  of  vessel  insufficient..  . 

Proceedings  to  recovtu-  comi)en8atiou 

Owner  of  vessel  may  transfer  interest  to  trustee  for 
losers  by  embezzlement 

After  transfer,  proceedings  against  owner  to  cease 

Who  to  be  deemed  owner 


1690 

218 

1690 

218 

1690 

218 

2552 

307 

2553 

307 

2898 

365 

1731 

224 

1745 

226 

4120 

216 

Let  June  19, '86, 

27 

sec.  11. 

2568 

311 

2569 

312 

2517 

296 

1690 

218 

2531 

300 

26<'3 

318 

2604 

318 

2951 

374 

Act  June  19, '86, 

27 

sec.  11 

Act  June  19, '86, 

27 

sec.  5 

Act  Aug.  5,  '82, 

25 

1690 

218 

2971-3008 

377-382 

2971 

377 

2998 

380 

3000 

380 

3001 

380 

3006 

382 

3036 

386 

4278 

71 

4279 

71 

4280 

71 

4281 

71 

4281 

71 

4281 

71 

4281 

71 

428-i 

80 

42H3 

80 

4284 

81 

4284 

81 

4285 

81 

4285 

81 

4286 

81 

INDEX. 


517 


Snbject. 


Transiioitalion — Cou  tinned. 

Keinedies  against  master  or  officers  not  affected  by  five 

precedinij  sections 

Inflairiniable  materials  not  to  be  shipped  withont  notice 

of  character 

Penalty  for  shippinjj  wilhont  notice 

Not  to  apply  to  vessels  on  river  or  inland  waters 

Limitation  "on  liability  of  owners  not  to  apply  to  canal 
boats,  barges,  or  lighters 

Or  to  vessels  on  rivers  or  inland  waters 

In  steam- vtssel,  precaution  against  fire 

Fire-pump  and  hose  when  cotton,  hay,  or  hemp  carried.. 
Loose  hay,  cotton,  and  ot  her  dangerous  articles  not  to  be 

carried 

Penalty  for  unlawfully  carrying  cotton  or  henif) 

Gunpowder,    nitro-glycerin'e,    &c.,    how  packed  and 
marked 

Penalty  for  unlawfully  shipping 

Fire-extingnishers  prescribed,  when  

Tra nsporta lion  of  passengers • 


Treaties  with  foreign  nations  not  impaired  by  provisions 

concerning  tonnage  duties,  &c 

Treaty  of  Washington 


Entry  and  export  of  merchandise  under 

British  vessels  may  engage  in  coasting  trade  on  Saint 
Lawrence  a  nd  Great  Ljikes  under 

Snspension  of  privilege  by  President 

Trea/.v  8n>H/a<ioH»  respecting  judicial  authority  of  minis- 
ters and  consuls  in  certain  countries,  provisions  for 

execution  of - 

Trieste,  consul  at,  salary  of -. 

Trinidad  de  Cuba : 

Consul  at,  salary  of 

Consulate  at,  may  be  discontinued 

Tripoli,  consul  at,  salary  of 

Troi/,  X.  v.,  port  of  delivery 

Tuvkerton,  N.  J.  : 

Port  of  entry - 

Collector  to  reside  at 

Tug-boats— 

In  coasting  trade  on  northern,  &c.,  frontiers,  report 
and  clearance  of ; 

Penalty  on  foreign,  towing  vessels  between  United 
States  ports 

Not  applied  where  towing  is  in  foreign  waters 

Privileges  of,  owned  by  foreign  railroad  entering  United 
States '. 

Steam-pressure  of,  on  Mississippi  River  and  tributaries 

Tumhez,  consul  at,  salary  of 

Tunis,  ccmsul  at,  salary  of 

Tunstall,  consul  at,  salarj'  of 

Turken : 

Marshal  for  consular  courts  in 

Rent  of  prisons  for  American  convicts  in 

Turk's  Island,  consul  at,  salary  of 

Turpentine  : 

Oil  or  spirits  of,  restrictions  on  carriage  of,  by  steam 
passengrr- vessels - 

How  packed  and  marked  for  shipment 

Penalty  for  shipping  contrary  to  law 

U. 

Unclaimed  merchandise  : 

Where  stored,  charges  on,  how  paid 


Section  R.  S.  o 
act  Congress. 


4287 

4288 
4288 
4288 

4289 
4289 
4470 
4471 

4472 
447:} 

4475 

4476 
4479 
Act  June  19, '86, 
sec.  8. 

4219 

2586 

4;i47 
4347 


4111-4130 
1690 


Page. 


1694 
1690 
2535 

2541 
2542 


3123 

4370 
4370 

4370 
4420 
1690 
1690 


4111 
4121 
1690 


4472 
4475 
4476 


81 
81 
81 

81 
81 
83 
83 

8;} 

84 

84 
84 
85 
80 


35 
357 


215-217 
218 

218 
219 
218 
302 

304 
305 


403 

57 
57 

57 

93 

218 

218 

218 

216 

216 

218 


376 


518 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Congrsss. 


Page. 


Unclaimed  merchandise — Continued. 

Wiien  collector  of  customs  may  sell,  liable  to  deprecia- 
tion, &c 

Unlading — 

Of  vessels,  &c.,  provision  concerning 

Witbout  permit,  penalty 

Exceptions  in  case  of  distress,  &c.,  transferring  mer- 
chandise unlawfully,  penalty 

Permission  for,  at  night 

Of  vessels  t<>  take  place  in  open  day,  except  under  spe- 
cial permit '. 

Penalty  for,  contrary  to  law 

Property  found  on  board  after  time  allowed  for 

Custody  of 

Limitation  of  time  for,  not  to  extend  to  salt  or  coal 

Of  imported  spirits  and  wines,  permit  for,  penalty  for 
unlawful - 

Penalty  for,  omitted,  &c.,  articles  and  merchandise  not 
agreeing  with  manifest 

From  vessels  seeking  port  in  distress,  &c.,  permit  for.. 
How  stored,  «fcc 

Of  Spanish  vessels 

Of  vessi'ls  obstructed  by  ice 

Of  imported  salt  opposite  New  Orleans 

Permit  not  required  for,  on  northern,  «&,c.,  frontiers,  of 
cargo  brought  from  American  port 

Of  goods  taken  from  ports  on  northern,  &c.,  frontiers 
in  open  day  ;  at  night ;  penalty 

Of  Vessels  from  British  North  American  provinces 

Unregistered  vessel  sailing  on  sea-letter  to  be  furnished  with 

^         passport,  when 

Unseaworlhii  vessels.    (See  Vessels.) 

Unslaktd  lime,  penalty  for  shipping,  without  notice  of  char- 
acter   

Urhana,  Va.  : 

Port  of  delivery 

Surveyor  to  reside  at 


2976 


2867-2898 
2867 

358-365 

358 

2868 
2871 

358 

358 

2872 

2873,2874 

2880 

2969 

2881 

359 
359 
361 
376 
361 

2883 

363 

2887 
2891 
2892 
2895 
2896 
2897 

362 
363 
364 
364 
364 
364 

3119 

403 

3120 
3129 

403 
404 

Valencia,  consul  at,  salarv  of 

Vallejo,  Cah  :  "  j 

Port  of  delivery | 

Deputy  collector  to  reside  at 

Vessels  going  to  or  from,  how  to  report i 

Entry  of  goods  for,  where  made;  powers  of  deputy  col-  ' 

"  -^    ■  lector  at ' 

Valparaiso,  consul  at,  salary  of 

Vclasco,  Tex. : 

Port  of  delivery 

Surveyor  to  reside  at 

Venice,  consulate,  salary  of 

Ventilators — 

On  vessels  carrying  other  than  cabin-passengers  be- 
tween Europe  and  United  States 

Penalty  for  failure  to  provide 

Vera  Cruz,  consul  at,  salary  of 

Vessch  in  coasting  /r«rfe  exempt  from  sbijipiug  commission- 
ers' act Act  June 

Vessels  in  merchant  service : 

Definition  of I 

Consular  officers  shall  keep  record  of,  &c I 

Making  regular  trips,  not  required  to  pay  fees  to  con-  ; 

siiliir  officers  more  than  four  times  a  year | 

Tonnage  fees  not  to  be  collected  from,  by  consular  oflS-  j 
cersiu  Canadian  iiorts | 


4308 


4288 


2552 
2553 


2582 
2583 

2584 

2824 
1690 

2578 
2579 


4257 
4259 
1690 


3 

1708 


1720 
1722 


INDEX. 


519 


Subject. 


Section  R.  S.  or 
act  CougresH. 


Page. 


Vessels  in  merchaut  sei-vice — Continnt'd. 

For  engaging  in  cooly  traile 

Cn-stonis  officers  not  to  own,  Ac 

Revenue-cutter  officers  to  board,  examine,  «&c | 

Not  employed  in  reveune  service,  carryiug  ensign,  &c.,  i 
of,  penalty 

To  bring  to,  when  required  by  revenue  cutter,  »fec 

Bound  to  ports  of  delivery,  where  to  enter,  penalty 

Penalty  for  illegal  departure  when  conveying  dutiable 
goods  

Opening,  l)reaking,  &c.,  and containinggoods  imported 
for  transportation,  penalty 

Forfeiture  of,  and  boats  used  in  landing  goods  entered 
for  drawback 

When  liable  to  seizure  by  customs  officers,  &c 

Searches,  »fec.,  of,  by  customs  officers 

Master  of,  obstructing  officer,  &c.,  penalty 

Liability  of  master  for  breaking,  &c.,  customs  locks 
and  fastenings  

Customs  officer  may  seize  within  or  without  his  dis- 
trict   

Subject  to  penalty,  «&c.,  for  violation  of  revenue  laws, 
how  proceeded  against . 

Sealed,  penalty  for  taking,  &c.,to  other  ports,  unload- 
ing and  selling  contents,  forfeiture 

Forfeiture  of,  from  which  locks.  &c.,  unlawfully  re- 
moved   

When  liable  to  be  proceeded   against  for  neglect  of 
master 

Receipt  and  delivery  of  letters 

Pay  for  carrying 

ShiiU  be  searched  for  letters  illegally  carried    

Shall  not  make  entry  until  delivery  of  letters,  oalh, 
penalty 

What  to  be  deemed  of  United  States 

To  be  such  only  while  owned  wholly  by  citizens 

Officers  of,  must  be  citizens 

Tiiking  foreign  flag  during  rebellion  not  to  be  deemed. 

Wrecked  vessels  may  become,  when 

.  Nationalization  of  certain, owned  by  residents  of  Alaska 

Not  taking  new  register  when  required,  not  to  be 

deemed 

Names  and  changes  of  masters  to  be  indorsed  on  docu- 
ments   

Unless iiumbemiarked on  main  beam,notto  be  deemed 
of  Unit<'d  States... 

Tonnage,  how  ascertained 

To  be  expressed  in  register 

To  be  carved  on  main  beam 

If  not  carved,  penalty    

Forfeiture  for  fraud  in  obtaining  documents 

Sea-letters  to  be  issued  only  to  registered,  enrolled,  or 
licensed 

Penalty  for  making  or  using  forged,  &c. 

Registered,  engaged  in  coasting-trade  or  fisheries,  ex- 
empt from  tonnage  duties 

Rules  for  preventing  collisions 

Stranded  on  foreign  coast,  protection  of,  by  consuls 

License  to,  wrecking  on  Floriila  coast 

Registered,  carrying  passengers  between  foreign  i)orts, 
subject  to  provisions  concerning  transportation  of 

passengers 

May  be  licensed  or  enrolled  when 

Licensed,  may  be  registered,  when 


21.58--il(;3 
26:58 
27G0 

2764 
2765 
2772 

2828 

2998 

3049 
3059 
3067 
3068 

3070 

3072 

3088 

3104 

3106 

3125 
3976 
397rt 
3989 

3988 
4131 
4131 
4131 
4135 
4136 
4140 

4169-4170 

4171, 4183, 4335 

4177 
4153,4154 
4153 
4153 
4153 


4190 
4191 

4220 
4233 
4238 
4241 


103, 104 
324 
337 

338 
338 
339 

349 

380 

389 
391 
392 
392 

393 

393 


399 

400 

403 
116 
117 
117 


117 
5 
5 
5 
6 
7 
7 

16 


18 
10-12 
10 
10 
10 
21 

21 
21 

35 
123 
132 
132 


4274 
4322 
4322 


520 


INDEX. 


Subject. 

Section  R.  S.  or 
act  Congress. 

Page. 

Vessels  in  iiieirhaut  serrict — Contiuued. 

Excbaiiji;e  of,  for  liceube  or  enrollment,  or  vice  verfia, 

4323 

46 

In  'wliale-libberv   re"'istered  for     ..                         

4:m 
4377 

4401 

49 

Licensed  for  mackerel  fishery,  may  catch  other  fish 

When  coastwise,  and  on  Great  Lakes,  subject  to  naviga- 
tion laws                                             -    

58 
88 

No  documents  to  issue  to  steam- vessel  till  title  regula- 

tion  of  steam-vessels  complied  with 

Manner  of  procuring  apprentices  for 

Indentures  of  apprentices  on i 

Certain,  excepted  from  rules  for  shipping  st  amen j 

Copy  of  sliippiug-articles  to  lie  pasted  in 

Wrecked,  not  required  to  pay  extra  wages 

No  documents  to  issue  to,  till  hospital  tax  is  paid 

Penalty  for  unauthorized  boarding ■ 

Detinition  of  word  "  v<  ssels" 

Detention  in  insurrectionary  districts  until  duties  paid 

on  cargo,  & c 

Not  to  be  taken  from  customs  officers,  unless  by  pro- 
cess of  court 

Penalty  <m  person  employed  on,  by  whose  misccmduct, 

&c.,  life  is  destroyed 

Malicious  beating,  imprisoning,  &c.,  of  crew  of,  with- 
holding suitablefood.intiictiug  unusual  punishments. 
Maliciously  forcing  officer  or  mariner  of,  on  shore,  in 

order  to  leave  him  behind  in  foreign  port,  &c   

Refusing  to  bring  home  officers  and  mariners  of,  &c..  - 
Forging,  altering,  &c.,  document  granted  for,  uttering 

false  as  true 

Eniollment  and  license  of,  what  entitled  to 

Effect  of 

License  of  yachts 

Owned  by  corporation 

River  steamboat  owned  by  resident  alien 

Bond  of  owner ! 

On  nortlK'rn,  &g.,  frontier I 

Form  of  enrollment 

License  for  coasting  trade  or  fisheries,  how  procured  .. 

Form  of 

To  registered,  on  surrender  of  certificate  of  registry 

Exchange  of  register  for,  in  another  district 

License  of,  expiration  of 

When  to  be  surrendered 

Penalty  for  failure  to  surrender 

New,  in  place  of  one  lost  or  desti'oyed 

Renewal  of j 

On  northern,  &c.,  frontiers  or  Western  rivers,  when 
in  another  district 

On  transfer  or  sale 

Oath  as  to  foreign  repairs,  &c.,  before  collector 

Of  less  than  twenty  tons  measurement  for  license 

How  signed  and  certified 

When  changed  for  register,  or  vice  versa,  to  be  under 
former  name 

To  be  exchanged  for  register  on  going  abroad ;  penalty. 

At  Jersev  City,  N.  J 

At  Camden,  N.  J 

At  Wilmington,  N.  C 

At  (  hesapeake  City,  Md 

By  surveyors  at   ports   authorized    bv  Secretary  of 
Treasury  

At  Cold  Spring,  Greenport,  and  Port  Jefierson,  N.  Y. 

Fees  of,  for  granting 

Penalty  for  illegal 


449.S  [ 

4509  I 

4510  I 
4513  ! 
4519 
458.? 
4587 
4006 

3-4612 

5315 


5344 

5347 

5363 
5363 

5423 
4312 
4312 
4214 
4313-4315 
4316 
4317 
4318 
4319 
4320 
4320 
4322 
4323 
4324 
4325 
4325 
432ti 
4327 

4328 
4329 
4330 
4331 
4332 

4333 
4337 
4340 
4341 
4342 
4343 

4344 
4345 

434G 
4373 


INDEX. 


521 


Subject. 


Sectiou  R.  S.  or 
act  Congress. 


Vessels  iv  meichavt  srrvice — Coutiuued. 

Penalty  for  forging,  altering,  &c 

For  obstructing  officers  in  granting 

Eurolliueut  and  license  of,  for  violation  of 

Foreign :  j 

L,iiiiitation  on  importations  in,  «fcc 

Not  to  apply  to  reciprocating  nations 

Discriminating  duty  on  importations  on 

Where  to  enter  and  unlade 

Report  of,  from  foreign  territory,  adjacent  to  northern, 
&c.,fr(mtiers,  without  permit;  forfeiture 1 

Goods  loaded  on,  in  northern,  &c.,  frontier  districts,  and  ] 
transport!  d  to  foreign  ports  for  reshipment  to  United 
States,  forfeiture  of  and  tonnage  duty  on J 

Rates  of  postage  on  letters  carried  by 1 

Product  ion  of  register,  clearance,  «&c. ,  on  entry  of 

Exception  of  vessels  of  certain  nations 

Delivery  of  register,  &c.,  to  masters  of,  by  foreign  con- 
sul   

F'oreign  yachts  granted  certain  privileges 

Bound  coastwise,  manifests  and  permits  for 

Delivery  of,  before  unlading 

Penalty  for  not  delivering,  &c.,in  domestic  trade 

Contracts  with,  for  carrying  mail,  without  advertising. 

Wheu  mail  may  be  carried  in 

What,  may  have  privileges  of  coasting-trade  and  fish- 
eries   

On  northern,  4&C.,  frontier,  enrolled   and  licensed,  may 
engage  in  coasting  or  foreign  trade  on  frontier 

Licensed  for  coasting  trade  or'fisheries,  tonnage  duty  on  . 
In  diHiiestic  trade: 

How  numbered  and  recorded 

Licensed,  to   have  name  and   port  painted  on  stern; 
penalty 

Change  of  master  of  licensed,  to  be  re^jorted 

Penalty  for  failure 

Master  to  exhibit  enrollment  or  license  for  inspection  ; 
pen  al  ty 

Proceeding  to  foreign  port  without  register  ;  penalty.. 

-      Certificate  for  such  vessel,  proceeding  from   another 

district 

Foreign,  not  to  engage  in  coasting- trade 

British,  may  engage  in  coasting-trade  on  Saint  Law- 
rence River  and  Great  Lakes 

Suspension  of  such  i)rivilege  by  President 

Between  neighboring  districts,  &c.,  manifests  and  per- 
mits in  coasting  trade 

Penalty  for  departing  without 

Delivery'of  manifests  before  unlading 

Penalty  for  not  delivering 

Between'  remote  districts,  manifests  and  permits  for  .. 
Penalty  for  departing  without 

Delivery  of  manifest  before  unlading   

Penalty  for  not  delivering 

BetweenLong  Island  and  Rhode  Island  

Bel  ween  Alaska  and  other  districts 

Under  "^0  tons,  exemption  of  as  to  manifests  and  permits . 

What  manifests  to  be  carried  by 

When  to  be  exhibited,  &c.,  penalty  and  forfeiture  for 
not  exhibiting •--- 

Registered,  carrying  foreign  merchandise  from  one  dis- 
trict to  another  

Fishing,  permit  to  touch  at  foreign  ports,  &c 

Penalty  for  not  obtaining 


Page. 


4:^75 

58 

4376 

58 

4:i77  i 

58 

2497 

256 

2498 

256 

2501  , 

257 

2771 

339 

3109 


400 


3110 

401 

4015 

119 

4209 

31 

4210  i 

31 

4211  1 

31 

4216 

32 

4367 

57 

4368 

57 

4369 

57 

3943 

114 

3969 

116 

4311 

44 

4318 

45 

4320 

45 

4338 

48 

4334 

48 

4335 

48 

4335 

48 

4336 

49 

4337 

49 

4338 

49 

4347 

50 

4347 

50 

4347 

50 

4349 

52 

4350 

52 

4351 

52 

4352 

53 

4353 

53 

4354 

54 

4355 

54 

4356 

54 

4357 

54 

4a58 

55 

4359 

55 

4359 

55 

4360 

55 

4361 

55 

4364 

56 

4365 

57 

522 


INDEX. 


Subject. 

Section  R.  S.  or 
act  Congress. 

Page. 

Vessels  in  vierchnvt  service— Continued. 

Coasting,  putting  into  port  other  than  destination,  to 

4366 
4366 
4367 
4368 
4369 

4371 
4371 
4372 
4377 

4379 
438U 
43«1 

4382 

4383 
43H4 

4385 

2513 
2770 
2773 

2774 
2775 

27^0 
2781 

2793 

2867 
2868 
2874 
2891 
2894 
3976 
3978 
3987 
4306 
4306 
4306 
4306 
4307 
4308 
4309 

4309 
4310 
4318 
4318 

3111 

3114 

'                      3115 

3115 

3116 

3117 

57 

57 

Foreign  bound  coastwise,  manifests  and  permits  for... 
Delivery  of  manifest   &c     on  arrival     

57 
57 

57 

Engaged'  in  coasting  trade  or  fisherj^  without  enroll- 

58 

58 

When  license  exi)ires  at  sea                                    .- 

58 

58 

59 

59 

59 

On  northern,  &c.',  frontier,  navigatingotherwise  than  by 

gQH                                                                                          .                   .                   ......... 

59 

Tabh'  of,  payable  by,  to  be  posted  up  conspicuously  by 

61 

Su  bjecttoeurollnient  and  license,  liable  for  paymeutof- 

61 
61 

In  foreign  trade : 
When  materials  for  construction,  &c.,  of,  free  of  duty  ; 

292 

Arriving  from  foreign  ports,  where  to  make  entry,  «&.c- 

Departing  from  port  of  arrival  before  making  report,  &c. 

Master  of,  to  make  report  on  arrival  from  foreign  port; 

penalty                                                         

339 
339 

339 

340 

Departure  from  district  of  first  arrival  for  another 

Report  of  arrival  in  such  other  district 

Enrolled  and  licensed  on  northern,  &c.,  frontiers  not 

liable  to  entry  fees,  »fec 

Penalty  for  unlading  without  permit,  except  in  case  of 

341 
341 

343 

358 

Receiving  on  board,  without  permit,  goods  from 

358 
359 

363 

Reladina;  &g     charges   &c                             .. 

364 

116 

117 

117 

43 

liond  for                                                            

43 

Conditions  of                                  .-  ■ ........ 

42 

To  be  returned  on  loss  or  sale  of  vessel                      .   - 

43 

Penalty  on  vessel  departiu""  withmit 

43 

For  unregistered  vessel  sailing  with  sea-letter 

Deposit  of  documents  with  consul  on  arriving  abroad.. 
Return  of  papers  by  consul  on  production  of  clear- 

4L 
43 

43 

Penalty  on  master  failing  to  deposit   &c         ... 

44 

Enrolled  and  licensed,  on  northern,  &c.,  frontier 

4£ 
4£ 

In  foreign  and  coasting  trade : 

On  northern,  &c.,  frontiers,  purchases  of  foreign  goods 

401 

Equipments  of,  when  liable  to  entry  and  duty,  failing 
to  report,  &,c. ;  forfei  ture 

If  purchased  by  reason  of  distress  duties  to  be  refunded . 

When  enrolliuent  and  license  to  be  granted   

Duplicate  manifests  of 

Entry  of  goods  taken   or  delivered   at   interuiediate 
ports  by 

40i 
40i 
40i 

40S 

INDEX. 


523 


Subject. 


Section  R.  S.  or 
act  Congress. 


Page. 


Vessels  in  merchaut  service — Contiiiuefi. 

Departiug  from  ports  wLere  no  cnstom-liouse,  how  to 

obtain  clearauce,  &c 

From  jiorts  where  no  ciistom-hons< ,  what  to  do  on  i 

arrival  at  port  ol  destination ; 

Steam-tugs,  when  not  required  to  report  and  clear 

Registered,  in  coasting  trade  may  touch  at  foreign 
ports;  mastersof,  to  conform  to  laws  lelative  to  for- 
eign trade  

Foreign  goods  taken  in  by,  at  United  States  port... 
Recording  of: 

Vessels  built  in  United  States  and  owned  by  foreigners 

to  be  recorded 

Oath  to  obtain  record 

Measurement  or  survey  for  record 

Certiticate  of  measurement  for 

Certificate  of  record,  form  of 

To  be  attested  under  hand  and  seal  of  collector  of  cus- 


toms  

To  be  recorded  in  books  of  collector 

Duplicate  of,  to  be  transmitted  to  Register  of  Treas- 
ury   

Change  of  master  to  be  indorsed  on 

Not  deemed  recorded  until  such  indorsement  made... 

Indorsement  to  be  recorded  by  collector 

Copy  of  indorsements  on,  to  bi' transmitted  to  Register . 
Production  of  ceriificate  of  record  on  entry;  penalty... 

Fees  of  collector  for 

For  indorsements 

For  taking  bond 

Of  surveyor  for  measurement 

By  whom  paid 

Limit  upon,  for  measuring  and  certifying  tonnage.. . 
Penalty  on  collector  for  falsely  recording,  &c 

Granting  false  certificate  of  record,  &c 

For  receiving  unlawful  fees,  &e.,  for 

On  surveyor  giving  false  measurement  for 

On  oflticers  neglecting  duties  under  Title  Regulation 

of  Commerce  and  Navigation 

Forfeiture  of  vessels  fraudulently  obtaining  certificate 

of  registrj',  record,  &c 

Registry  of: 

Registered,  to  be  deemed  United  States  vessels 

Mu^t  be  owned  and  commanded  by  citizens 

Privileges  of,  and  to  cease,  when 

Ofificers  of,  must  be  citizens 

What  vessels  entitled  to 

When  vessels  owned  by  non-resident  citizens  entitled 

to,  or  benefit  of 

By  non-resident,  naturalized  citizens 

On  transfer  to  resident  citizens 

American  vessel  sailing  under  foreign  flag  during  re- 
bellion not  entitled  to 

Of   foreign-built,   wrecked    and   repaired    in   United 

States  

Owned  by  incorporated  companies,  how  made 

On  death' of  president,  &c.,  of  corporation 

Oath  as  to  ownership  of  corporation 

Where  and  by  whom  to  bi-  made 

Oath  for  registry  by  owners,  »fce 

Penalty  for  false 

Oath  by  master  to  obtain 

Penalty  for  false 

Bond  to  obtain 

Condition  of 


3118 


3122 
3123 


3126 
3127 


4180 
4180 
4181 
4181 
4182 


4188 


402 


402 
403 


404 
404 


4182  ! 

19 

4182 

19 

4182 

19 

4183 

20 

4183 

20 

4183 

20 

4183 

20 

4184 

20 

4185 

20 

4185 

20 

4185 

20 

41«6 

20 

4186 

20 

4186 

20 

4187 

21 

4187 

21 

4187 

21 

4187 

21 

4131 

5 

4131 

5 

4131 

5 

4131 

5 

4132 

6 

4133 

6 

4134 

6 

4134 

6 

4135 

6 

4136 

7 

4137 

7 

4138 

7 

4139 

7 

4141 

7 

4142 

8 

4143 

8 

4144 

8 

4144 

8 

4145 

8 

414ii 

8 

524 


INDEX. 


Subject. 

Section  R.  S.  or 
act  Congress. 

Page. 

Vessels  in  merchant  service— Contmnad. 

4146 
4147 
414H 

4148 
4149 
4150 
415y 
4153 
4155 
4155 
4155 
4156 
4157 
4157 
4158 
4158 
4158 
4158 
4159 
4160 
4160 
4161 
416-2 
4162 

416S 
4164 

4165 
4165 
4166 
4167 

4168 
4168 
4169 
4169 
4170 
4170 

4170 
4170 
4171 
4171 
4171 
4171 

4172 
4172 
4173 
4173 

4174 
4174 
4175 
4176 

4177 
4177 
4177 

4178 
41-7 

4187 

8 

Carpentei  's  certificate,  to  obtain 

9 
9 

New  measurciiieut  of,  not  necessary  where  new  regis- 
ter issued   unless  chanfcs,  &c                                  .    .. 

9 

9 

9 

Reu'ister  touna<''e,  table  of  classes 

10 

10 

Register  to  be  made  and  kept  in  books 

13 

Certificate  of  to  be  issued  by  collector      

13 

13 

Variation  of  form  in  certain  cases 

13 

Blank  certificates  of  how  provided            .            

14 

14 

14 

How  filled,  signed,  and  sealed 

14 
14 

How  recoi'ded 

14 

14 

14 

Penalty  for  failure  to  surrender                                   .... 

14 

New  register,  on  purchase,  by  agent  or  attorney 

14 
15 

Penalty  for  failure  to  surrender                     .   .  . . 

15 

Forfeiture  of  vessel  for  false  swearing  by  agent,  «&c.. 

15 

Upon  sale,  under  legal  process ...  - 

American  vessel  becoming  property  of  foreigner  not  to 

15 
15 

May  be  registered  if  recovered  by  original  owners. .. 

1^ 

New  register  in  place  of  one  lost  or  destroyed 

16 

Surrender  of,  obtained  in  other  district,  and  issue  of 
uew              .              ..     .. 

16 

16 

Peualtv  for  not  obtainin""  new   when  required 

16 

16 

New  register,  on  sale  or  alteration  of  form  or  burden  .. 

16 
16 

To  be  transmitted  to  Register  of  Treasury  and  can- 
celed   

16 

Certificate  to  be  cited  in  bill  of  sale 

16 

Change  of  master  to  be  indorsed  on  certificate  of 

Register  void  on  failure  to  report  change 

Oath  to  be  taken  by  owner  as  to  citizenship  of  master. 
Refusal  to  take  oath  renders  re^istrv  void                   

17 
17 
17 
17 

Forfeiture  of  registered  vessel  for  failure  to  report  sale, 

17 

Exception  as  to  part  owner  ignorant  of  such  sale 

17 

17 

17 

Certain  surrendered  certificates  of,  to  be  transmitted 

17 

To  be  canceled                                              .       - 

17 

Cancellation  of  bond  on  delivery  of  certificate  of 

18 

18 

Numbers  for  registered  vessels  how  given 

18 

18 

Penalty  for  not  carvin*''  number                                   

18 

18 

Penalty  on  collector  granting  false 

Receiving  unlawful  fees  for  granting,  »fec 

21 
21 

INDEX. 


525 


Subject. 


Vessels  in  merchavt  service — Continued. 

On  surveyor  giving  naval  officer  false  measurement  to 

obtain  '. 

For  making  or  using  forged,  «fec 

Register  of  foreign,  to  be  produced  on  entry 

Penalty  for  not  producing 

Exception  as  to  certain  nations 

Liceused  or  enrolled,  to  obtain  before  going  abroad; 

penaltv 

In  whale  fishery,  to  cover  privileges  of  registered  and 

enrolled  and  licensed 

At  Wihningtou,  N.  C 

Registered,  going  from  one  district  to  another  subject 

to  iirovisions  for  licensed 

Penalty  for  obstructing  officers  in  granting 

Fee  for 

Wre<-ked  and  in  distress,  f>reign,  repaired  in  United 

States,  may  be  registered 

Consuls  to  protect  when  stranded 

Not  to  pay  extra  wages 

Plundering  etiects  belonging  to 

Obstructiug  escape  of  persons  from 

Holding  out  false  light  to  produce  shipwreck 

(See  Bilh  of  sale:  Clearance  of  vessels;  Duties;  Fish- 
eries; Inspection;  Lifjht-money  ;  Loy-books  ;  Mediter- 
ranean passport ;  Navigation;  Xaviijation  laws;  Pas 
sengtrs ;  Pilots;  Piracy;  Seamen;  Sea  stores ;  Slave 
trade  ;  Steam  vessels  ;  Surveij  ;  Transportation  ;  Trans- 
portation of  passengers  ;  Unlading  ;  and  Yachts.) 
Vessels  of  Navy  :  ,    ,    ,. 

Commanders  of,  may  examine,  &c.,  vessels  believed  to 

be  engaged  in  cooly  trade 

On  foreign  stations,  purchases  out  of  United  States  of 

supplies  for 

Rules  for  navigation  of 

Definition  of  term  as  used  in  Title  Prize 

Share  in  prize,  to  be  allowed  to 

Foreign,  not  required  to  make  entry 

How  supplies  may  be  purchased  from  public  ware- 
house by 

Vichsburg,  Miss.  : 

Vessels  arriving  at  New  Orleans  for 

Collection  district  and  port  of  entry 

Collector  to  reside  at 

Vienna,  consul  at,  salary  of 

Vinalharen,  Me.,  port  of  delivery 

Vinegar : 

Standard  of,  in  imports 

In  nuTchant  vessels   

Penalty  for  neglect  to  serve    


Section  R.  S.  o; 
act  Congress. 


Page. 


216:^ 


41-7 

21 

4191 

21 

4209 

31 

4209 

31 

4210 

31 

4337 

49 

4339 

49 

4342 

49 

4361 

55 

437ti 

58 

43-2 

59 

41.3(i 

7 

4238 

49 

45-3 

190 

r)35S 

239 

53.58 

239 

.5358 

239 

3721 

334 

4233 

123 

4614 

247 

4632 

250 

2791 

342 

2982 

379 

2H32 

349 

2566 

311 

25()7 

311 

1690 

218 

2517 

296 

2917 

368 

4569 

186 

4570 

187 

w. 


Wages  of  seamen.     (See  Seamen.) 
JVages,  allotment 


War  vessels.     (See  Vessels  of  Navy.) 

Wareham,  Mass.,  port  of  delivery 

Warehouse  : 

What  imported  goods  to  be  conveyed  to  bonded  ;  how 

and  until  what  time  kept 

Who  may  lease,  for  storatre  of  imports 

Not  to  be  leased  iu  certain  ports 

Use  of,  leased  by  customs  officers,  storage  in,  how  reg- 
ulated   


ctJunel9,'86, 
sec.  3. 

205 

2527 

298 

2926 
2954 
2955 

369 
374 
374 

2956 


526 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Congress. 


Warehouse — Continued. 

Customs  officers  not  to  enter  into  contract  for  nse  of, 
before  completion;  limitation  of  lease  of;  rent,  how 
paid 

Cellars  and  vaults  of  stores  and  yards,  when  to  be  con- 
stituted bonded  

Parts  of  bonded,  for  storage  of  grain 

Private,  for  what  purpose  used  ;  custody  and  supervis- 
ion of ;  labor  in 

Bond,  by  whom  given,  before  use  of;  imports  depos- 
ited in,  at  whose  risk 

What  may  be  deposited  in;  designation  of  place  of 
storage 

Designation  of,  on  entry,  at  option  of  owner 

Goods  deposited  in,  for  wan  t  of  in  voice 

Entry  for,  how  made;  on  non-payment  of  duties  col- 
lector to  store  goods  in  .    

Unclaimed  merchandise  to  be  stored  in 

Importations  in  steamers,  deposit  of,  in 

Deposit  of  goods  in,  at  Jeiiersouville 

Secretary  of  Treasury  to  extend  privileges  of,  &c.,  to 
Albany  

When  merchandise  may  be  withdrawn  from,  for  con- 
sumption  

Withdrawal  for  exportation  or  trausshipment  for  Pa- 
citic,  «fcc.,  port ;  sale  of  abandoned  goods  in  ;  charges 
and  storage 

Proceeds  of  sale  of  abandoned  goods  in  ;  how  and  by 
whom  distributed 

Goods  remaining  in,  after  one  year,  bow  sold,  &c. ;  de- 
ductions of  duties  and  charges;  balance,  how  dis- 
posed of 

Sale  in,  perishable  goods  and  explosive  substances 

Of  perishable  goods  unclaimed 

When  goods  may  remain  in,  and  be  entitled  to  return 
duties 

Goods,  how  withdrawn  from,  and  delivered 

Collector  may  refuse  to  deliver  goods  in,  when  freight 

lien  on 

upplies  purchased  from  public,  by  foreign  vessels  of 
war -• 

No  abatement  of  duties  for  injury  to  goods  while  in 

Cancellation  of  bond  when  goods  destroyed 

Penalty  for  obliterating  marks  on  goods  in  ^ 

On  persons  fraudulently  opening 

For    fraudulently    concealing,  &c.,  removing,  &c., 
goods  in   . . 

Quarterly  returns  of  goods  in 

Secretary  of  Treasury  to  make  rules  for,  &c 

Opening,  breaking,  &c.,  removing  lock,  etc.,  of,  how 
pnnisned 

Withdrawal  from,  for  transportation  to  another  dis- 
trict   

For  exportation  to  Mexico 

Through  port  of  Lavaca,  Tex 

Through  port  of  Indianola,  Tex 

Search  of,  near  boundary-line  of  United  States;  for- 
feitures   

Persons  depositing,  &c.,  goods  in,  how  punished 

May  be  erected  for  storage  of  goods  in  quarantine 

Warrtn,  Me. ,  port  of  delivery 

Waukegan,  III.  : 

Port  of  delivery 

Deputy  collector  to  reside  at 


2957 

2958 
2959 

2960 

2961 

2962 
2962 
2963 

2964 
2965 
2966 
2967 

2968 

2970 

2971 
2972 


2973 
2975 
2976 

2977 
298(1 

2981 


2983 
2984 
2985 
2986 

29^7 
2988 
2989 


2998 


-  1 


3000 
3002 
3003 
3004 

3107 
3108 
4794 
2517 

2601 


380 

380 
381 
381 
381 

400 
400 
157 
296 

318 
318 


INDEX. 


527 


Subject. 


Weighing  : 

luiiiorted  goods  uot  to  be  removed  from  wharf  before, 
&c. ;  forfeiture 

Of  imports,  wi.eu  at  expense  of  owner 

Weights  and  measures 

Metric  system  of,  legalized 

Equivalents  of  metric  system 

Shall  be  kejit  on  board  merchant  vessels 

WeUtteet,  Mans.,  port  of  delivery 

Wells,  Me.,  port  of  delivery 

West  Point,   Va.  : 

Port  of  delivery 

Surveyor  to  reside  at 

Westjyort,  Mass.,  port  of  delivery 

Welhersfichl,  Conn.,  port  of  delivery 

Weiimoiith,  Mass.,  port  of  delivery 

Whale  fishery  : 

Form  of  license  for  vessels 

Vessels  in,  may  sail  nnder  register 

TMialers  andjishirmen 


Section  R.  S.  or 
act  Congress. 


Page. 


2920 
3569 
3569 
3570 
4571 
2527 
2517 

2552 
2553 
2.527 
2533 
2527 


lllieeling,  W.  T'a.  : 

Port  of  delivery  in  district  of  New  Orleans 

Surveyor  to  reside  at,  duties  of 

Inspectors  of  bulls  and  boilei's  for 

Salaries  of 

Whitehall,  X.  Y.,  port  of  delivery 

Willamette  : 

Collection  district  in  Oregon 

Collector  and  appraiser  in,  residence  of 

Inspectors  of  hulls  and  boilers  for 

Salaries  of 

Wilmington,  Cah,  vessels  going  to  or  from,  how  to  report. .. 
Wilmington,  Del.  : 

Port  of  entry 

Collector  to  reside  at 

Wilmington,  N.  C.  : 

Collection  district  and  port  of  entry 

Collecior  in,  to  reside  at 

Kegistry,  enrollment,   and  license  of  vessels    by  col- 
lector at 

Windsor,  Conn.,  port  of  delivery 

Windsor,  2\ova  Scotia,  consul  at,  salary  of 

Windsor,  Ontario,  consul  at,  salary  of 

Winnipeg,  consul  at,  salary  of 

Wire  fillir-rojies  and  bell-pulls — 

To  be  used  on  i»assenger  steamers 

May  be  dispensed  with  on  vessels  navigated  by  com- 
pass   

Wiscasset,  Me.  : 

Collection  district  and  port  of  entry 

Collecior  in,  to  reside  at 

Vessels  entered  at,  may  unlade  at  Edgecombe  or  New- 
castle  ". ■ 

Withdrawal,  customs,  of  imported   merchandise  from  ware-  , 

houses,  how  made 

^fool  :  .    .  -u  A 

Apjiraisal  of  imported  manufactures  of,  in  uufauished 

condition v.:"" 

Of  imports  composed  of  different  qualities,  but  similar 

kinds  in  same  package 

Of  different  qualities  in  same  bale 

Samples  of,  lo  determine  class  of  imported,  how  pre- 
pared ami  where  kept -  ■  -  • 

What  customs  duties  on,  in  addition  to  entered  value, 
ill  certain  cases 


2902 


361 
368 
423 
423 

423 
187 
298 


307 
307 


301 


4321 
4339 
Act  June  19, '86. 
sees.  13-15. 

46 

49 

206 

2568 
2569 
4414 
4414 
2535 

311 

212 

90 

90 

302 

2r.86 
2587 
4414 
4414 
2585 

315 

316 

90 

90 

315 

2546 
2547 

306 
306 

2555 
2556 

308 
308 

illil 

49 
301 
218 
218 
218 

4480 

!     85 

4480 

1     85 

2517 
2518 

1     296 
'     297 

2520 

298 

1         2980 

378 

2911 
2912 

367 

2916 

368 

2908 

367 

5-28 


INDEX. 


Subject. 


Section  R.  S.  or 
act  Congress. 


Wrecked  property : 

Collectiou,  &c.,  of 

Oil  coast  of  Florida,  liow  disposed 

Forfeiture  of  vessel  conveying  to  foreign  port 

Wrecking,  license  for  vessels  employed  in,  on  Florida  coast. 
Wrecks  obstructing  navigation 

Y. 

Yachts  : 

License  and  enrollment  of,  used  for  pleasure  or  design 
as  models 

Bond  of  owner 

N<it  to  carry  passengers  or  goods  for  pay 

Subject  to  United  States  laws 

Penalty  for  violation   

To  nse'signals  prescribed  by  Secretary  of  Navy 

United  States  naval  architects  may  examine  and  copy 
models  of 

Privileges  to,  owned  by  foreign  yacht  clubs 

Commissions  for 

Entry  of,  on  return  from  foreign  country 

Yards.     (See  Warehouse.) 

Yeocomico,  Va.,  port  of  delivery 

York,  Me.: 

Collection  district  and  port  of  entry 

Collector  in,  to  reside  at 

Merchandise  may  be  entered  at,  for  Kittery  or  Berwick 
Yorkfown,   Fa.  : 

Collection  district  and  port  of  entry 

Collector  in,  to  reside  at 

Z. 

Zarzihar,  consul  at,  salary  of 

Zurich,  consul  at,  salary  of 


27f)5 
4239 
4240 
4241 
Act  June  14,  '«0 


337 
132 
132 
132 


4214 
4214 
4214 
4214 
4214 
4215 

32-33 
32-33 
32-33 
32-33 
32-33 
32 

4215 
4216 
4217 

4218 

32 
32 
32 
.32 

2552 

307 

2517 
2518 
2524 

296 
297 

298 

2552 
2553 

.307 
307 

1690 
1690 

218 
218 

INDEX. 


529 


INDEX  TO  SECTIONS  OF  THE  REVISED  STATUTES  WHICH  ARE  USED  IN 
THE  NA  FIXATION  LA  JVS 


Section. 

1  Page. 

Section. 

Page. 

;     Section. 

Page. 

3 

...1    143 
217 

2639-44 

2645-50  

325 

326 

i  3006-11 

382 

220  3  .    . . ... 

3012-14  

383 

1674 

2651-5 

327 

3015-21 

384 

1684 

217 

218 
219 

2656-60  

2661-73  

2674-83  

...;    328 
329 
330 

3022-9    

385 

1685-92  

3030-5  

386 

1693  9 

3036-41 

387 

220 

2684-91  

331 

3042-5  

388 

17Ur  12 

221 

2692-8 

332 

3046-9  

3050-7 

389 

i7i::-9 

222 
223 
224 
...    225 
226 

2699-2710  

2711-23  

2724-38  

2739-49  

.  ..|    333 
334 

...    335 
336 

390 

17-a)-7 

172.^-34 

1735-40 

3058-62  

3063-9  

3070-4  

391 
392 
393 

1741-7  

2750-60  

2761-7  

337 
.338 

3075-9  

3080-4 

394 

1748-9 

...    227 
227 

395 

1752    

2768-74  

2775-9  

2780-5  

2786-92  

2793-9 

339 
340 
341 
342 
343 

3085-90  

396 

1793-4  

2158-62  

2163  4  

227 
103 
104 

3091-5  

3096-3100  

3101-4  

3105-9 

397 
398 
399 

2174 

...:    206 
112 
113 

400 

2460-1  

2462-3  

2800-4  

2805-10  

2811-4  

2815-21  

2822-6  

2827-32  

2833-6  

2O37-40  

2841 

2842-4  

2845-51  

2852-6 

344 
345 
346 
347 
348 
349 
350 
351 
...293,:J51 
353 
354 
355 

3110-13  

3114-8  

401 
402 

2476 

2491-3  

150 
2.55 
256 

3119-25  

3126-9 

403 
404 

2494-9  

3563-8  

3569-70 

3941 

3942-3  

422 

25110-2 

2.i7 

423 

2503 

25('4-8 

283 
291 
292 

113 
114 

2509-12 

3949 

3951 

39.53 

3956-63  

3965  71 

114 

2513 

2517 

251"!  .  . 

...  63,292 
296 

297 
298 

114 
114 
115 

2519  27- 

2857-62  

2863-6 

356 
357 

116 

2528-31 

300 
301 

3975-7 

116 

2532-3  

2867-71  

2872-6 

2rt77-9 

358 
359 
360 

H978    

117 

2534-5  

302 

3980 

3987-91  

3992-4  

4006-8 

117 

2536 

303 

117 

2.')37-41 

304 

2880-4  

288.5-7 

2888-91  

2892-7  

361 
362 
363 
364 

118 

2542-4 

...  -   305 
306 

118 

2545-9  

4009-15  

119 

2550-3  

307 

308 

4017-22  

4023-5  

4071  

120 

2554-6   

2898-2901  

2902-(; 

2907-13  

365 
366 
367 

121 

2.557-61 

309 

310 

. . .     311 

215 

2562-4  

4074 

4111   

215 

2565-8   

2914-22  

2923-7  

2928-31 

368 
369 
370 

215 

2569-70  

312 
313 
314 
315 

4113 

215 

2571-8 

4114-5 

216 

2579-82  

2932-6  

371 

4 120-4  

413(1 

216 

258.5-5 

2937-4 1 

372 

217 

2586    

..  315,418 

...  316,419 

316 

317 

2942-9 

373 

4131    

25rt7 

29.50-8 

374 

4132-5  

413(;-41 

4142-6  

(i 

2588-93 

2594-9  

29.59-()4 

29(;5 

296() 

2967-70  

2971-4  

2975-81  

298->  9 

375 
376 
...  79,376 
376 
377 
378 
379 

7 
8 

2600-4  

260. --13 

2614  9 

31H 
319 
320 

4147-.-)0 

4151-3  

4154 

9 

10 

12,  25 

2620-2  ... 

. . .    321 

4155-6  

41.')7-6l 

13 

2623  7 

322 
323 

14 

2(528  32 

2998-3001  

3002-5  

380 
381 

4162-() 

15 

2633-8  

H.  Mis. 

324 
391 3- 

4167-70  

16 

530 


INDEX. 


Section. 

Page. 

Sectiou, 

Page. 

Section. 

Page;. 

4171  4    

17 

18 
19 
20 
21 
22 
23 
28 
29 
29 
30 
31 

4393-5 

62 

62 
88 
89 
90 
91 
92 
93 
94 
95 
96 
97 
98 
99 
100 
101 
82 
83 
84 
85 
86 
87 
88 
88 
171, 204 
171 
172 

i;3 

174 
175 
176 
177 
178 
179 
180 
181 
182 
183 
184 
201 
185 
186 
187 
188 
202 
200 
201 
200 
190 
191 
192 
193 
194 
201 
195 
196 
197 

4613-5  

247 

4175  9 

4397 

4399-4402  

4616 

248 

4180  2 

4620-1  

248- 

4183  6  

4403-7  

4623-4  

248 

4187  92 

4408-14 

4625-6  

249 

4193  4 

4415 

4628-9  

249 

4195  6 

4416-8 

4630-3  

250 

4197  8 

4419-22  

4634-9  

251 

4199 

4423-9  

4640-4  

252 

4200  1 

4430-5  

4645-9  

4650-2  

253 

4202  8 

4436-40  .... 

254 

4209  12 

4441-4  

4653-9  

145 

4213 

31, 203 

32,33 

32 

4445-51 

4660-7  

146 

4214 

4215  8 

4452  5  . 

4668-76  

147 

4456-60  

4677-83  

148 

4219-24  

35 

36 

37 

123 

126 

132 

123 

65 

66 

67 

68 

69 

70 

71 

80 

81 

81,82 

207 

208 

245 

245 

245 

43 

44 

45 

46 

47 

102 

48 

49 

50 

51 

52 

53 

54 

55 

56 

57 

58 

59 

61 

61 

4461-2  

4684-91  

149 

4225  30 

4463-8 

4690 

194 

4231  2      .  ... 

4469-72  

47r2-5  

157 

4233 

4473-6 

4796-9  

158 

4'>34 

4477-83 

4800 

158 

4238-41   

4484-9  

4801-2  

165 

4242  9 

4490-6 

4497-9 

4803-10    ...  . 

166 

4252  3 

4811-2  

167 

4254  6    

4500   

5244-5 

150 

4257-60 

4501 

5246-54  

151 

4'>61-5 

4502-3 

5255 

152 

4266  9    

4504-8  

5275 

227 

4270-6 

4509-11 

5280-2  .... 

228 

4277-81 

451S-16 

5283-6  

229 

4282-3  

4517-22  

4523-8  

1  5287-91  

230 

4284-8  

5292-3  

5294-5  

5301 : 

.  243 

4289      -  -  . 

4529-34 

244 

4290-1  

4535-9  

233 

4292 

4540-2 

5302-6  

234 

4297 

4543-6 

5307-11  

235 

4299 

4547-50  

5312-5  

5316-20   

236 

4305 

4551-3 

237 

4306  9 i 

4554-7 

5321-2  

238 

4310-17  

4558-61  

5330 

5344 

5347 

5353-8 

238 

4318-20 

4561 

238 

4321-3  

4562-6   

239 

4324  8 

4567  9 

239 

4325-7       

4570-5 

5363 

5417 

240 

4329-35  

4576   

240 

4336-44  

4578 

5423 

5441 

240 

4345-7  

4580 

240 

4348 

4581-2  

5442-8  

241 

4349-51 

4583  

4583-7  

5451-2 

242 

4352-3  

5482  

242 

4354-7  

4588-90  

.5524 

242 

4358-60  

4591-6 

5533-5     .  ... 

242 

4362  4   

4597 

5557-8  

246 

4365-70  

4598-9  

5.561-2 

246 

4371-7    

:  4600  

i  4601-6  

i  4607-10  

;  4611-2  

1 

5564-6   

246 

4378-82  

5568 

247 

4383  5 

5570-5  

111 

4391-2  

5576-8  

112 

ERRATA.  531 


ERRATA. 

Page  9,  section  4149,  line  2,  instead  of  "  to "  read  "by." 
Page  9,  section  4150,  line  2,  instead  of  "hight"  read  "height." 
Page  12,  section  4153,  line  40,  instead  of  "  stake  "  read  "  strake." 
Page  50,  section  4347,  line  1,  instead  of  "imported"  read  "transported." 
Page  53,  section  4351,  line  13,  instead  of  "for  the  port"  read  "  from  the  port." 
Page  60,  section  4382,  line  40,  instead  of  "  port "  read  "  post." 
Page  61,  section  4382,  line  9,  instead  of  "  on"  read  "  and." 
Page  63,  section  2514,  line  37,  instead  of  "  2571"  read  "2511." 

Page  81,  section  4289,  line  1,  instead  of  "this  title"  read  "the  seven  preceding 
sections." 
Page  91,  section  4415,  read  "or  an  inspector  of  boilers." 
Page  97,  section  441,  line  14,  instead  of  "  again  "  read  "  against." 
Page  108,  section  4,  line  19,  instead  of  "evry"  read  "  every." 
Page  109,  section  6,  line  2,  instead  of  "evry"  read  "every." 
Page  114,  section  3949,  line  5,  instead  of  "  dne  "  read  "  dne." 
Page  114,  section  3949,  line  6,  instead  of  "hsall"  read  "shall." 
Page  153,  section  4,  line  1,  instead  of  "wherever"  read  "  whenever." 
Page  153,  section  4,  line  18,  instead  of  "of"  read  "on." 
Page  165,  section  4801,  line  1,  instead  of  "rea"  read  "real." 
Page  174,  section  4513,  line  1,  instead  of  " preceding  "  read  "section  4511." 
Page  194,  section  4600,  line  1,  instead  of  "4609"  read  "4600." 


